(a) Representation of a party in court proceedings. We shall not consider any service the representative gave you in any proceeding before a State or Federal court to be services as a representative in dealings with us. However, if the representative also has given service to you in the same connection in any dealings with us, he or she must specify what, if any, portion of the fee he or she wants to charge is for services performed in dealings with us. If the representative charges any fee for those services, he or she must file the request and furnish all of the information required by § 404.1725.
(b) Attorney fee allowed by a Federal court. If a Federal court in any proceeding under title II of the Act makes a judgment in favor of a claimant who was represented before the court by an attorney, and the court, under section 206(b) of the Act, allows to the attorney as part of its judgment a fee not in excess of 25 percent of the total of past-due benefits to which the claimant is entitled by reason of the judgment, we may pay the attorney the amount of the fee out of, but not in addition to, the amount of the past-due benefits payable. We will not certify for direct payment any other fee your representative may request.
Notes of Decisions
Cited in
29
cases (
9 in the last 5 years), 1985–2024 · leading case:
Gisbrecht v. Barnhart, 535 U.S. 789 (2002).
Gisbrecht v. Barnhart, 535 U.S. 789 (2002).
· cites it 2× “See also 20 CFR § 404.1728 (a) (2001). For representation of a benefits claimant at the administrative level, an attorney may file a fee petition or a fee agreement.”
Sinkler v. Berryhill, 932 F.3d 83 (2d Cir. 2019).
“§ 406 (b)(1)(A) ; 20 C.F.R. § 404.1728 (b). 4 Where, as here, a district court judgment reverses a denial of benefits to a claimant and remands for further agency consideration of benefits, the parties-as well as the seven of our sister circuits to have considered the…”
McGraw v. Barnhart, 450 F.3d 493 (10th Cir. 2006).
“See 20 C.F.R. § 404.1728 (b). Thus, it appears that the Commissioner’s practice essentially is a gloss on the text of the regulation and statute.”
Booth v. Comm'r of Soc. Sec., 645 F. App'x 455 (6th Cir. 2016).
“; see aisq 20 C.F.R. § 404.1728 (b) (“[W]e may pay the attorney the amount of the fee out of, but not in addition to, the amount of the past-due benefits payable.”
Faircloth v. Barnhart, 398 F. Supp. 2d 1169 (D.N.M. 2005).
“Martone, counsel for the plaintiff, admitted that a full 25% award would be large compared to the 11.5 hours he worked on the case.”
McGraw v. Barnhart, 370 F. Supp. 2d 1141 (N.D. Okla. 2005).
“20 C.F.R. § 404.1728 (b) (“If a Federal court in any proceeding under title II of the Act makes a judgment in favor of a claimant who was represented before the court by an attorney, and the court, under section 206(b) of the Act, allows to the attorney as part of its judgment a…”
Chapa v. Astrue, 814 F. Supp. 2d 957 (C.D. Cal. 2011).
“1528 (Administration will not consider any service an attorney provides for a claimant in state or federal court in determining fees to be paid for services performed before the Administration). 2 Where, as here, the claimant prevails in district court, the claimant also may…”
Hull v. Bowen, 748 F. Supp. 514 (N.D. Ohio 1990).
“See 20 C.F.R. §§ 404.1728 , 404.1725 (these regulations permit the Secretary to set an attorney fee and set forth standards for setting such fee).”
Bollenbacher v. Sec'y of Health & Human Servs., 737 F. Supp. 874 (W.D. Pa. 1990).
· cites it 2× “The total amount of past due benefits that have been withheld and the amount of any fee awarded by the Secretary to be deducted from the past due benefits.”
— 20 C.F.R. § 404.1728(a) — 1 case
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