Starr v. Bowen

831 F.2d 872 19 Soc.Sec.Rep.Ser. 393, Unempl.Ins.Rep. CCH 17,656 Frank STARR, Plaintiff-Appellee, v. Otis R. BOWEN, M.D., Secretary of the United States Department of Health and Human Services, Defendant-Appellant. No. 86-4094. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 9, 1987. Decided Nov. 2, 1987. Richard L. Parish, Helena, Mont., for plaintiff-appellee. Jeffrey C. Blair, Denver, Colo., and Carl E. Rostad, Great Falls, Mont., for defendant-appellant. Appeal from the United States District Court for the District of Montana. Before KENNEDY and BEEZER, Circuit Judges, and AGUILAR, * District Judge. BEEZER, Circuit Judge: 1 The Secretary of Health and Human Services challenges the district court's apportionment of attorney's fees out of a disability benefits award. Because we conclude that the factual findings are insufficient to support the amount granted, we vacate the district court's fee award and remand for further findings consistent with this opinion. FACTS 2 Frank Starr applied for disability benefits in 1981. Although the Administrative Law Judge (ALJ) granted his application, that decision was reversed by the Social Security Administration…