11th Circuit Allows Attorney Fees in Cases Won on Remand

It has generally been understood that if a Social Security case was remanded by a U.S. District Court and the claimant won on remand that the claimant's attorney could come back to the District Court and petition for approval of an attorney fee for work done in representing the claimant before the Court. A judge in the Middle District of Florida challenged this, interpreting the statute to forbid approval of a fee in this situation. The 11th Circuit Court of Appeals has now reversed in Bergen v. Commissioner of Social Security, holding as other courts have, that the attorney may petition for approval of a fee in this situation.