Glass v. Secretary of Health and Human Services

RYAN, Circuit Judge. This case involves a challenge to attorneys fees awarded for successful litigation of a social security case. We are called upon to decide whether the district court abused its discretion in limiting counsels application for fees to an amount well below twenty-five percent of the claimants award, which is the statutory ceiling for such fees under 42 U.S.C. § 406(b)(1). Because the district court did not exercise its discretion in the instant case, we cannot decide this issue. Therefore, we must remand the case of further proceedings.