| Attorney or Representative Fees |
No Legal Fees Unless You Win , Excludes Out-of-Pocket Costs (i.e., Postage, Copies, Delivery):
Section 206(b) Fees.
Section 206(b) of the Social Security
Act authorizes a Federal court that makes a favorable Title II decision
to award an attorney reasonable fees for services in proceedings before
the court. The attorney’s fee may not exceed 25 percent of
the claimant's title II past-due benefits. This fee is in
addition to the fee, if any, the Social Security Administration
authorizes for proceedings at the administrative level. If a
court awards a fee under this provision, SSA will certify direct
payment of up to 25 percent of the title II past-due benefits. However,
SSA withholds a maximum of 25 percent of past-due benefits for payment
of fees, whether authorized by SSA, a court, or both. There is no
similar statutory provision regarding an attorney’s fee in a
title XVI or SSI case, and there is no provision for direct payment to
the attorney from withheld title XVI or SSI benefits.
Equal Access to Justice Act (EAJA) Fees.
5 U.S.C. 504, 28 U.S.C. 2412 authorizes an attorney to obtain
reimbursement of expenses incurred (legal fees, expert witness fees,
etc.) when representing a litigant in a court action and certain
administrative proceedings involving a government agency; stipulates
that reimbursement of legal fees and other expenses applies only with
respect to proceedings in which the party prevails against the Social
Security Administration, and only if the court finds that the position
of the government was not substantially justified; and provides that
when an attorney received fees for the same work under both
section 206(b) of the Social Security Act and EAJA, the
attorney must refund to the claimant the amount of the smaller
fee.
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