Mary Alice GALBREATH, Appellee, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Appellant

Eighth Circuit

Mary Alice GALBREATH, Appellee, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Appellant

845 F.2d 760, 1988 U.S. App. LEXIS 5418, 1988 WL 35820

CourtCourt of Appeals for the Eighth Circuit

DecidedApril 22, 1988

Docket85-2496

StatusPublished

This text of 845 F.2d 760 (Mary Alice GALBREATH, Appellee, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Appellant) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mary Alice GALBREATH, Appellee, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Appellant, 845 F.2d 760, 1988 U.S. App. LEXIS 5418, 1988 WL 35820 (8th Cir. 1988).

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Opinion

FLOYD R. GIBSON, Senior Circuit Judge.

In Galbreath v. Bowen, 799 F.2d 370 (8th Cir.1986), we affirmed the order of the district court directing the Secretary to pay an attorney’s fee from past-due supplemental security income (SSI) benefits awarded to Galbreath. We held that “[a]bsent express statutory prohibition, the district court possesses the inherent power to withhold and certify for payment an attorney’s fee from SSI benefits.” Id. at 374.

The United States Supreme Court granted the Secretary’s petition for writ of cer-tiorari and reversed, holding that the district court does not have the authority to order the Secretary to withhold attorney’s fees in SSI cases. Bowen v. Galbreath, — U.S.-, 108 S.Ct. 892, 99 L.Ed.2d 68 (1988). Accordingly, we reverse the order of the district court with directions to enter an order denying counsel’s motion for attorney’s fees.

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FLOYD R. GIBSON, Senior Circuit Judge.

In Galbreath v. Bowen, 799 F.2d 370 (8th Cir.1986), we affirmed the order of the district court directing the Secretary to pay an attorney’s fee from past-due supplemental security income (SSI) benefits awarded to Galbreath. We held that “[a]bsent express statutory prohibition, the district court possesses the inherent power to withhold and certify for payment an attorney’s fee from SSI benefits.” Id. at 374.

The United States Supreme Court granted the Secretary’s petition for writ of cer-tiorari and reversed, holding that the district court does not have the authority to order the Secretary to withhold attorney’s fees in SSI cases. Bowen v. Galbreath, — U.S.-, 108 S.Ct. 892, 99 L.Ed.2d 68 (1988). Accordingly, we reverse the order of the district court with directions to enter an order denying counsel’s motion for attorney’s fees.

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845 F.2d 760, 1988 U.S. App. LEXIS 5418, 1988 WL 35820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mary-alice-galbreath-appellee-v-otis-r-bowen-md-secretary-of-health-ca8-1988.

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