Galbreath v. Bowen

Full title: MARY ALICE GALBREATH, APPELLEE, v. OTIS R. BOWEN, M.D., SECRETARY OF…

Court: United States Court of Appeals, Eighth Circuit

Date published: Apr 22, 1988

845 F.2d 760 (8th Cir. 1988)

Opinion

No. 85-2496.

April 22, 1988.

Janet Isak Hawley, Baltimore, Md., Chalk S. Mitchell, Asst. U.S. Atty., Little Rock, Ark., for appellant.

Anthony W. Bartels, Jonesboro, Ark., for appellee.

Appeal from the United States District Court for the Eastern District of Arkansas.

Before WOLLMAN, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and LARSON,^_ Senior District Judge.

_ The Honorable Earl R. Larson, United States Senior District Judge for the District of Minnesota, sitting by designation.

FLOYD R. GIBSON, Senior Circuit Judge.

In Galbreath v. Bowen, 799 F.2d 370 (8th Cir. 1986), we affirmed the order of the district court directing the Secretary to pay an attorney's fee from past-due supplemental security income (SSI) benefits awarded to Galbreath. We held that "[a]bsent express statutory prohibition, the district court possesses the inherent power to withhold and certify for payment an attorney's fee from SSI benefits." Id. at 374.

The United States Supreme Court granted the Secretary's petition for writ of certiorari and reversed, holding that the district court does not have the authority to order the Secretary to withhold attorney's fees in SSI cases. Bowen v. Galbreath, ___ U.S. ___, 108 S.Ct. 892, 99 L.Ed.2d 68 (1988). Accordingly, we reverse the order of the district court with directions to enter an order denying counsel's motion for attorney's fees.