Baker v. Bowen

The Secretary of Health and Human Services (the Secretary) appeals from an order of the district court denying his motion to alter or amend the judgment ordering the Secretary to withhold twenty-five percent of the claimants total retroactive Title II benefits undiminished by the windfall offset provided at 42 U.S.C. § 1320a-6 for the purpose of awarding attorney fees upon proper application of plaintiffs attorney pursuant to 42 U.S.C. § 406(b)(1). The Secretary argues that this case is controlled by the principles enunciated in Detson v. Schweiker, 788 F.2d 372 (6th Cir. 1986). We agree, and for the following reasons we reverse the district courts judgment.