Charles L. Edgens v. Elliot L. Richardson, Secretary of Health, Education and Welfare

455 F.2d 508

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 9, 1972
• Docket: 71-1887
• Status: Published

Opinion

PER CURIAM:

James B. Stephen, an attorney at law, appeals from an order of the district court which allowed him an attorney’s fee of $2,500.00, but denied the full amount of his request.

Stephen represented Charles L. Edg-ens, a social security claimant, in the district court and succeeded in obtaining an award for Edgens in the amount of $15,-584.20. Thereafter, Stephen petitioned the district court to approve an attorney’s fee equal to 25% of the accrued benefits or $3,896.05, the maximum fee allowable under 42 U.S.C.A. § 406(b) (1). The district court, after reviewing the entire record and considering all the circumstances of the case, awarded Stephen a $2,500.00 fee.

We have examined the briefs, appendix, and the record. We cannot say that the district court abused its discretion.

Accordingly, we find oral argument unnecessary and affirm the judgment below.

Affirmed.