[DOWNLOAD] "Hayes V. Secretary Of Health And Human Services" by Sixth Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Hayes V. Secretary Of Health And Human Services
- Author : Sixth Circuit U.S. Court of Appeals
- Release Date : January 10, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
This appeal is brought by John A. Cervay, counsel for successful social security claimant Edna L. Hayes. The district court denied Cervay his full 25% contingency fee, finding that it "represents a windfall." This case involves an interpretation of our decision in Rodriquez v. Bowen, 865 F.2d 739, 746 (6th Cir. 1989) (en banc), which established a rebuttable presumption that an attorney would receive the full 25% contingency fee under contract unless 1) the attorney engaged in improper conduct or was ineffective, or 2) the attorney would enjoy an undeserved windfall due to the client's large back pay award or the attorney's relatively minimal effort. Finding that the district court abused its discretion in reducing the fee in the way that it did, we reverse.
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