# Jack E. COUP, Appellant, v. Margaret HECKLER, Secretary of Health and Human Services

> Court of Appeals for the Third Circuit · November 23, 1987 · 834 F.2d 313

URL: https://www.frixlaw.com/law-library/cases/9476988

## Case

- **Full name:** 20 soc.sec.rep.ser. 3, unempl.ins.rep. Cch 17,687 Jack E. Coup v. Margaret Heckler, Secretary of Health and Human Services
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** November 23, 1987
- **Citations:** 834 F.2d 313; 1987 U.S. App. LEXIS 15404; 1987 WL 4358
- **Precedential status:** Published
- **Opinion:** Concurrence by Aldisert
- **Judges:** Gibbons, Mansmann, Aldisert
- **Cited by:** 70 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Abrogated on other grounds by Gisbrecht v. Barnhart, 535 U.S. 789 (2002).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9476988

## How later opinions describe it (automated extraction)

- finding that application had been “de facto” reopened where ALJ considered and relied extensively on prior evidence of disability and holding that claimant was properly entitled to benefits going back to earlier application
- noting that § 406(b) is “a statutory interference with the attorney client contractual relationship which would otherwise be determined by the marketplace for legal services.”
- observing in dictum that Delaware Valley II “severely limits the occasions in which contingency enhancement is appropriate in fee-shifting cases”

## Opinion text

ALDISERT, Circuit Judge,
concurring.
I join in the majority opinion completely, but am constrained to add a caveat. As the author of that portion of the opinion in Delaware Valley Citizens’ Council for Clean Air v. Pennsylvania, 762 F.2d 272, 281-82 (3d Cir.1985), approving the use of the contingency factor that was reversed in *326 Pennsylvania v. Delaware Valley Citizens’ Council for Clean Air, — U.S.—, 107 S.Ct. 3078 , 97 L.Ed.2d 585 (1987), I am a little uneasy about permitting a contingency enhancement here. I know the adage “once burned, twice shy,” but shy I am not and twice I may be burned.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9476988. Public record. Not legal advice.