Gisbrecht v. Barnhart
- Case Date: 5/28/2002
- Project Name: Reining in the Plaintiffs' Bar
On May 28, 2002, the U.S. Supreme Court declined to impose restrictions on the size of attorney fees that can be collected from disabled Americans who win suits claiming entitlement to disability benefits under the Social Security Act. The decision was a setback for WLF, which had filed a brief on February 19, 2002, urging restrictions on the size of fees. WLF argued that Congress intended to limit fees charged in such cases to a "reasonable" fee, and that attorneys should not be permitted to collect a fee based on a percentage of the past-due benefits awarded to the claimant. The Supreme Court disagreed, holding that in most cases, lawyers ought to be permitted to charge a contingency fee equal to 25% of the benefits awarded.
More Information and Downloads:
2/19/2002: Download the Brief
Litigation Update: Court Declines To Limit Attorney Fees Collected From Disability Claimants