Case Citator › Craig v. Secretary

Craig v. Secretary

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Fourth Circuit
Citation
864 F.2d 324
Decided
Confirmed treatments
1
Flagged citations read
67 of 67
Citing cases (total)
67
Treatment dates
2002
Abrogated
A reviewed court treats this case as abrogated by later authority. Craig v. Secretary is abrogated in part: all 67 flagged citations have been read, and the confirmed treatment is listed below. Gisbrecht v. Barnhart rejected Craig's lodestar-first method for reviewing Social Security attorney's fees under 42 U.S.C. § 406(b).
More on how this was screened

Craig's separate holding that the Commissioner may challenge a fee award continues to be applied.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

67 later cases cite Craig v. Secretary; 67 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Craig v. Secretary?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Supreme Court displaced Craig's lodestar-first method for Section 406(b) fees: courts start with a lawful contingent-fee agreement and then independently review the resulting fee for reasonableness.

    Gisbrecht v. Barnhart · Supreme Court of the United States · filed

    Craig v. Secretary, Dept. of Health and Human Servs., 864 F. 2d 324 (CA4 1989); Brown v. Sullivan, 917 F. 2d 189 (CA5 1990); Cotter v. Bowen, 879 F. 2d 359 (CA8 1989); Hubbard v. Shalala, 12 F. 3d 946 (CA10 1993); and Kay v. Apfel, 176 F. 3d 1322 (CA11 1999) (all following, in accord with the Ninth Circuit, a lodestar method), with Wells v. Sullivan, 907 F. 2d 367 (CA2 1990); Rodriguez v. Bowen, 865 F. 2d 739 (CA6 1989) (en banc); and McGuire v. Sullivan, 873 F. 2d 974 (CA7 1989) (all giving effect to attorney-client contingent-fee agreement, if resulting fee is reasonable).9 We now reverse the Ninth Circuit’s judgment. ... Most plausibly read, we conclude, § 406(b) does not displace contingent-fee agreements as the primary means by which fees are set for successfully representing Social Security benefits claimants in court. Rather, § 406(b) calls for court review of such arrangements as an independent check, to assure that they yield reasonable results in particular cases.
    Read the full opinion on CourtListener →

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