IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 98-10300
Summary Calendar
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GLENN G. LATHAM,
Plaintiff,
STEVE L. HURT,
Movant-Appellant,
versus
KENNETH S. APFEL, Commissioner of
Social Security,
Defendant-Appellee.
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Appeal from the United States District Court for the
Northern District of Texas
USDC No. 5:93-CV-112
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October 23, 1998
Before JOLLY, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
Steve L. Hurt, counsel for Glenn G. Latham, argues that the
district court erred in determining that it did not have
jurisdiction to determine and allow him reasonable attorney’s fees
under the Social Security Act for his representation of Latham
before the courts. The Commissioner agrees that the district court
had jurisdiction to determine the attorney’s fees due and does not
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
object to the amount of fees requested by Hurt. Latham does not
deny that Hurt is entitled to the fees requested.
We have reviewed the record and the briefs of the parties and
find that the district court erred in refusing to determine and
allow Hurt attorney’s fees in accordance with 42 U.S.C.
§ 406(b)(1). The determination of the amount of the fees must be
made prior to Hurt taking any action to collect the sums due to
him. See § 406(b)(2).
The district court’s denial without prejudice of Hurt’s motion
for a determination and allowance of attorney’s fees under the
Social Security Act is VACATED and the case is REMANDED to the
district court for a determination of the attorney’s fees due to
Hurt under § 406(b)(1).
VACATED and REMANDED.
2