· 11/19/1990
Virginia Department of Transportation v. Fairbrook Business Park Associates
Citations
- 22 Va. Cir. 199
- 1990 Va. Cir. LEXIS 366
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that § 406(b) permits recovery of fees for court representation
- pointing out that Administration's Program Operations Manual System (POMS) permits Commissioner to withhold only an aggregate 25% for payment of attorney's fees, holding that Commissioner cannot be compelled to pay additional § 406(b
- “[T]he Commissioner could not be ordered to pay the fee ‘out of’ 8 Booth's past-due benefits because those benefits had already been disbursed.”
- “If the amount withheld by the Commissioner is insufficient to satisfy the amount of fees determined reasonable by the court, the attorney must look to the claimant’” for the remaining balance
Source: CourtListener parenthetical corpus (CC0).
Judges: Annunziata
Read full opinion on CourtListenerSourced 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.