Ninth Circuit Rejects Exclusive Use of Lodestar Approach in Calculating Fees in Denial of Disability Insurance Benefits Matters

more+
less-

In Crawford v. Astrue 2009 DJDAR 15681 (Ninth Circuit 2009), the Ninth Circuit Court of Appeals reversed a fee award made by the district court. The Ninth Circuit concluded that the lower court failed to follow the mandate of Gisbrecht v. Barnhart, 535 U.S. 789 (2002). In Gisbrecht, the United States Supreme Court rejected the exclusive use of the lodestar approach in calculating fee awards in Social Security Disability Insurance (SSDI) cases. Instead, the court stated that the lower court must respect “the primacy of lawful attorney-client fee agreements” allowing for the use of contingency fee arrangements in SSDI cases.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Hinshaw & Culbertson LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

CONNECT

At Hinshaw, we value long-term client relationships. That’s why we make it a priority to help... View Profile »


Follow Hinshaw & Culbertson LLP:

Reporters on Deadline

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×