Attorney's fees

• Author: Thomas E. Bush
• Pages: 1151-1236

7-1

CHAPTER 7

ATTORNEY’S FEES

§700 APPROVAL OF ATTORNEY FEES IN DISABILITY CASES

§701 Fee Agreement Process Requirements

§702 The Lesser of 25% of Past-Due Benef‌its or $7,200

§703 Possible Additional Fee Agreement Provisions

§704 Timely Submission of the Fee Agreement to SSA

§705 Exceptions to the Fee Agreement Process

§706 Approval of Fee Agreement

§707 Administrative Review if the Decision Maker Disapproves the Fee Agreement

§708 Changing the Terms of a Fee Agreement

§709 Law Firms, Paralegals and Multiple Representatives

§709.1 When an Associate Leaves the Firm

§710 PAYMENT OF THE FEE UNDER THE FEE AGREEMENT PROCESS

§711 Notice and Right to Object

§712 Procedure on Administrative Review of the Fee

§713 Objection by the Decision Maker

§714 Objection by the Claimant or Auxiliary

§715 Objection by Attorney

§716 Problems with Partially Favorable Decisions

§716.1 Problems with Subsequent Applications

§717 Avoid Excessive Fees

§718 Erroneous Fee Payments

§719 If You Are Fired or Withdraw

§720 THE FEE PETITION PROCESS

§721 The Myth of the 25% Limit on Attorney Fees

§722 Summary of Fee Petition Process Rules

§723 Possible Fee Arrangements

§724 Fees May Be Paid in Advance

§725 SSA’s Rules for Evaluating a Fee Request

§725.1 HALLEX I-1-2-57—Evaluating Fee Petitions

§726 SSA’s Rules Are Insuff‌icient to Determine a Fee

§727 Two-Tier Fee Agreement and the Fee Petition Process

§730 SUBMITTING A FEE PETITION AND OBTAINING A FEE AUTHORIZATION FROM SSA

§731 Keep Good Time Records

§732 How to Submit a Fee Petition

ATTORNEY’S FEES

Social Security Disability Practice 7-2

§733 Form: Petition to Obtain Approval of a Fee for Representing

a Claimant Before the Social Security Administration

§734 Where to Send a Fee Petition

§735 When to Submit a Fee Petition

§736 Wait for Payment of Auxiliary Benef‌its

§737 Submit a Written Argument for Approval of Fee

§737.1 Sample Fee Petition Brief

§738 Obtaining Fees in Excess of $12,000

§739 Appealing a Fee Authorization

§740 FEE ISSUES APPLICABLE TO BOTH THE FEE AGREEMENT PROCESS AND THE FEE PETITION PROCESS

§741 How to Calculate Past-Due Benef‌its

§742 Payment of Attorney Fees in SSI Cases

§743 Calculating a Percentage Fee in an SSI Offset Case

§744 Other Offsets

§745 Obtaining Reimbursement for Expenses

§746 Fee Approval Regulations Do Not Apply in All Circumstances

§747 Coping with SSA’s Failure to Withhold Attorney Fees

§748 The User Fee

§749 How to Return a Check to SSA

§750 ATTORNEY FEES IN FEDERAL COURT

§751 A 25% Limit on Attorney Fees in Federal Court

§752 To Set a Fee, Federal Courts Look First to the Contingent Fee Contract, Then Test It for Reasonableness

§753 Attorney Fees in SSI Cases Are Regulated

§754 Coping with SSA’s Failure to Withhold and Pay Court-Approved Attorney Fees

§755 Fees for Representation Before Both the Federal Court and SSA

§756 Maximizing Your Fee and Minimizing Bureaucratic Hassle

§757 Sample: Motion for Authorization of Attorney Fees

§758 Form: Federal Court Fee Contract

§760 EQUAL ACCESS TO JUSTICE ACT (EAJA)

§761 Legislative History of the EAJA

§762 Prerequisites for Awarding Attorney Fees

§763 Prevailing Party

§764 The Meaning of “Substantially Justif‌ied”

§765 Calculation of Attorney Fees and Expenses Paid Under the EAJA

§766 EAJA Fees for Time Spent Representing Claimant on Remand

§767 Time on EAJA Motion and Appeal of EAJA Denial

§768 Applications for Fees Under EAJA and 42 U.S.C. §406

§769 Attorney’s Duty to Bring EAJA Applications in Appropriate Cases

§770 EAJA TIME LIMIT

§771 Court Reversal With or Without Remand for Rehearing Pursuant to Sentence Four of 42 U.S.C. §405(g)

§772 Court Reversal With or Without Remanding for Rehearing

Based on a U.S. Magistrate Judge Recommendation

§773 Stipulated Reversal With or Without Remanding for Rehearing

§774 Remands Under Sixth Sentence of 42 U.S.C. §405(g)

§775 Circuit Court of Appeals Cases

ATTORNEY’S FEES

7-3 Attorney’s Fees

§780 EAJA SAMPLE PLEADINGS

§781 Sample: Plaintiff’s Motion for and Memorandum in Support of Award of EAJA Fees

(Fourth Sentence Remand)

§782 Sample: Plaintiff’s Aff‌idavit and Assignment of EAJA Fee

§783 Sample: Plaintiff’s Attorney’s Sworn Statement (Fourth Sentence Remand)

§784 Sample: Memorandum Supporting EAJA Motion

§785 Sample: Motion for Judgment (Sixth Sentence Remand)

§786 Sample: EAJA Motion for Award of Attorney Fees (Sixth Sentence Remand)

§787 Sample: Plaintiff’s Attorney’s Aff‌idavit

(Court Reversal Case Also Asking for Approval of 42 U.S.C. §406(b) Fees)

§788 Sample: Plaintiff’s Attorney’s Aff‌idavit (Sixth Sentence Remand)

§790 PAYMENT OF EAJA FEES

§791 Payment by Mandatory Direct Deposit

§792 Dealing with Payment Delays

§792.1 EAJA Fee Payment Contacts

§793 Payment of Costs and Expenses

§794 Form: Attorneys and Legal Organizations ACH Vendor/Miscellaneous Payment Enrollment Form

ATTORNEY’S FEES