UNITED STATES SUPREME COURT DECISIONS ON-LINE

BOWEN V. GALBREATH, 485 U. S. 74 (1988)

485 U. S. 74

U.S. Supreme Court

Bowen v. Galbreath, 485 U.S. 74 (1988)

Bowen v. Galbreath

No. 86-1146

Argued December 9, 1987

Decided February 24, 1988

485 U.S. 74

Syllabus

After the Secretary of Health and Human Services denied respondent's application for supplemental security income (SSI) benefits under Title XVI of the Social Security Act, respondent appealed to the District Court, which reversed the denial and awarded her past-due benefits. The court also ordered the Secretary to pay attorney's fees to respondent's attorney out of the past-due benefits. The Court of Appeals affirmed.

Held: A district court does not have the authority to order the Secretary to withhold a portion of past-due SSI benefits for the payment of attorney's fees received in judicial proceedings under Title XVI. Pp. 485 U. S. 75-79.

799 F.2d 370, reversed.

BRENNAN, J., delivered the opinion of the Court, in which all other Members joined, except KENNEDY, J., who took no part in the consideration or decision of the case.


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