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Supreme Court· 5/28/2002

Gisbrecht v. Barnhart

Citations

  • 535 U.S. 789
  • 122 S. Ct. 1817
  • 152 L. Ed. 2d 996
  • 2002 U.S. LEXIS 3793

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that 19 contingent-fee agreements are not enforceable to the extent that they provide for fees exceeding 20 25% of the past-due benefits
  • holding that Section 406(b) “does not displace contingent-fee agreements” so long as the agreed-to fee comprises no more than 25% of a claimant’s past-due benefits
  • holding that § 406(b) requires independent judicial review of fee arrangements to ensure reasonableness of attorney fee awards in individual cases
  • holding that § 406(b) requires independent judicial review of fee arrangements to ensure reasonableness of attorney fee awards in individual cases
  • holding that where attorney’s fees are 7 | awarded under both EAJA and § 406(b), the attorney must refund the smaller of the two awards 8 | to the plaintiff
  • explaining that attorney’s fees may not exceed 25% of the total of claimant’s past-due benefits

Source: CourtListener parenthetical corpus (CC0).

Judges: Ginsburg, Scalia

Read full opinion on CourtListener

Cited by

284 cases in this archive cite this case; the 20 most cited are listed.

Cites

29 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Gisbrecht v. Barnhart

4 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.