Those requesting benefits from the Social Security Administration (SSA) have a right to be represented in their proceedings if they so wish. They may choose to use lawyers or non-lawyers as their representatives.
Within 60 days of a determination that a client is entitled to some form of Social Security benefits, an attorney must petition for approval of his or her fee. The attorney's petition must include a list of the services the attorney provided and the time he or she spent on the case. In addition, the attorney must state whether the client is aware of the fee and whether the client agrees with the fee. The petition is usually considered at the benefits hearing. There is a cap on the fee available for attorneys who work on Social Security matters.
The SSA deducts the fee from any past-due benefits and disburses the fee to the attorney. A charge is imposed for this service.
Because Social Security benefits are an entitlement, wrongful denials by federal officials may implicate an applicant's civil rights. If the applicant has a meritorious civil rights claim against a federal official, his or her attorney has an ethical obligation to pursue the claim under the Equal Access to Justice Act (EAJA). Under the EAJA, there is no cap on attorney fee awards, but attorneys cannot recover fees from both the SSA and the EAJA.
Copyright 2012 LexisNexis, a division of Reed Elsevier Inc.
