20 CFR 702.132 - Fees for Services

20 CFR 702.132 - Fees for services.

(a) Any person seeking a fee for services performed on behalf of a

claimant with respect to claims filed under the Act shall make

application therefor to the district director, administrative law judge,

Board, or court, as the case may be, before whom the services were

performed (See 33 U.S.C. 928(c)). The application shall be filed and

serviced upon the other parties within the time limits specified by such

district director, administrative law judge, Board, or court. The

application shall be supported by a complete statement of the extent and

character of the necessary work done, described with particularity as to

the professional status (e.g., attorney, paralegal, law clerk, or other

person assisting an attorney) of each person performing such work, the

normal billing rate for each such person, and the hours devoted by each

such person to each category of work. Any fee approved shall be

reasonably commensurate with the necessary work done and shall take into

account the quality of the representation, the complexity of the legal

issues involved, and the amount of benefits awarded, and when the fee is

to be assessed against the claimant, shall also take into account the

financial circumstances of the claimant. No contract pertaining to the

amount of a fee shall be recognized.

(b) No fee shall be approved for a representative whose name appears

on the Secretary's list of disqualified representatives under

Sec. 702.131(b).

(c) Where fees are included in a settlement agreement submitted

under Sec. 702.241, et seq. approval of that agreement shall be deemed

approval of attorney fees for purposes of this subsection for work

performed before the Administrative Law Judge or district director

approving the settlement.

[50 FR 394, Jan. 3, 1985]