Neal

Neal v. County of Stanislaus

Good Law
141 Cal. App. 3d 534·190 Cal. Rptr. 324·1983 Cal. App. LEXIS 1549
Court of Appeal of CaliforniaMarch 29, 1983Civ. 6170California1,985 words

Opinion

Opinion

Woolpert, J.

Plaintiff is an attorney who has successfully obtained awards of social security supplemental security income (SSI) benefits for several clients. Pending the awards, the clients had been extended interim assistance by the defendant Stanislaus County (County). Because his work resulted in the County being fully reimbursed the amounts advanced, plaintiff brought this action to compel the County to share his attorney fees. He appeals from a judgment denying the relief sought.

Plaintiff was retained to represent four SSI benefit claimants in separate administrative hearings. Each client had signed a contingency fee agreement with plaintiff, agreeing to pay 25 percent of the past-due benefits if the benefits were obtained.

Pending receipt of the claimed SSI benefits, defendant had supplied each of the applicants with interim assistance payments. This interim assistance program was established pursuant to contracts between the Department of Health, Education and Welfare, the State Department of Benefit Payments, and Stanislaus County. The Social Security Act authorizes the withholding of benefits due upon agreement with the individual applicant, for the purpose of reimbursing…

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