C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) › Subpart J—Determinations, Administrative Review Process, and Reopening of Determinations and Decisions

20 C.F.R. § 404.975

Filing briefs with the Appeals Council

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Upon request, the Appeals Council shall give you and all other parties a reasonable opportunity to file briefs or other written statements about the facts and law relevant to the case. A copy of each brief or statement should be filed for each party.

Notes of Decisions
Cited in 16 cases, 1970–2011 · leading case: Coalition for Gov't Procurement v. Fed. Prison Indus., Inc., 365 F.3d 435 (6th Cir. 2004).
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Coalition for Gov't Procurement v. Fed. Prison Indus., Inc., 365 F.3d 435 (6th Cir. 2004). “, concurring) (citing 20 C.F.R. § 404.975 ). The form on which the claimant requested review of her case provided only three lines for the claimant to state the details of her request for review.”
Vincent v. Comm'r of Soc. Sec., 651 F.3d 299 (2d Cir. 2011). “2d 80 (2000); see also 20 C.F.R. § 404.975 (“Upon request, the Appeals Council shall give you and all other parties a reasonable opportunity to file briefs or other written statements about the facts and law relevant to the case.”
Walter Johnson v. Kenneth S. Apfel, Comm'r of Soc. Sec., 189 F.3d 561 (7th Cir. 1999). “R. § 422.205 (a). (Johnson’s lawyer appended his one-page letter to the form rather than attempting to squeeze his argument into the tiny space.”
Albert Copaken & Sylvia Copaken v. Sec'y of Health, Educ. & Welfare, 590 F.2d 729 (8th Cir. 1979). · cites it 2× “§ 406(a); 20 C.F.R. §§ 404.975 -.977 (1978). The Secretary awarded them a fee of $1,100, which was increased to $1,650 after an administrative appeal.”
Sidney E. Dawson v. Robert H. Finch, Sec'y of Health, Educ. & Welfare, 425 F.2d 1192 (5th Cir. 1970). · cites it 2× “Any violation would be made subject to the same penalties as are provided in section 206 of the law for charging more than the maximum fees prescribed in regulations (20 CFR 404.975) for services rendered in proceedings before the Secretary.”
Patricia JAMES, Plaintiff-Appellant, v. Shirley S. CHATER, Comm'r of Soc. Sec., Defendant-Appellee, 96 F.3d 1341 (10th Cir. 1996). “Counsel evidently declined the option of filing a brief, see 20 C.F.R. § 404.975 , electing instead to rely solely on a summary request for review, which did not address the ALJ’s decision at all but merely restated in conelusory terms the basic claim underlying any disability…”
Morton E. Schneider v. Elliott Richardson, Sec'y of Health, Educ. & Welfare, 441 F.2d 1320 (6th Cir. 1971). · cites it 2× “The hearing examiner allowed a fee of $500 and following an administrative appeal as authorized by 20 C.F.R. § 404.975 (e), the Appeals Council affirmed.”
Byrd v. Harris, 509 F. Supp. 1222 (E.D. Tenn. 1981). “In the instant case, plaintiff petitioned the Secretary for an award as claimant’s representative payee pursuant to 20 C.F.R. § 404.975 . The Secretary then reviewed the services performed by the attorney and certified an award of fees from the claimant’s past-due benefits.”
Thomason v. Schweiker, 692 F.2d 333 (4th Cir. 1982). “1 The plaintiff sought administrative review by the Regional Chief Administrative Law Judge (see 20 C.F.R. 404.975(e)), and requested a hearing at which he could present evidence to justify a full 25% award.”
Thomason v. Schweiker, 692 F.2d 333 (4th Cir. 1982). “1 The plaintiff *335 sought administrative review by the Regional Chief Administrative Law Judge (see 20 C.F.R. 404.975(e)), and requested a hearing at which he could present evidence to justify a full 25% award.”
Robinson v. Sec'y of Health, Educ. & Welfare, 456 F. Supp. 876 (E.D. Mich. 1978). “When a judgment favorable to a claimant is made at the administrative level, there is a procedure established by regulation which insures that the claimant will have notice and an opportunity to respond to any petition for attorney fees (20 C.F.R. 404.975(d)). There has…”
Carver v. Heckler, 568 F. Supp. 301 (D. Vt. 1983). “See 20 C.F.R. §§ 404.975 (b), -976(a); Copaken, supra at 732 (outlining procedural protections afforded by the regulations in attorney fee determinations made pursuant to 42 U.”
Show all 16 citing cases →
— 20 C.F.R. § 404.975(d) — 1 case
Robinson v. Sec'y of Health, Educ. & Welfare, 456 F. Supp. 876 (E.D. Mich. 1978). “When a judgment favorable to a claimant is made at the administrative level, there is a procedure established by regulation which insures that the claimant will have notice and an opportunity to respond to any petition for attorney fees (20 C.F.R. 404.975(d)). There has…”
— 20 C.F.R. § 404.975(e) — 3 cases
Morton E. Schneider v. Elliott Richardson, Sec'y of Health, Educ. & Welfare, 441 F.2d 1320 (6th Cir. 1971). “The hearing examiner allowed a fee of $500 and following an administrative appeal as authorized by 20 C.F.R. § 404.975 (e), the Appeals Council affirmed.”
Thomason v. Schweiker, 692 F.2d 333 (4th Cir. 1982). “1 The plaintiff sought administrative review by the Regional Chief Administrative Law Judge (see 20 C.F.R. 404.975(e)), and requested a hearing at which he could present evidence to justify a full 25% award.”
Thomason v. Schweiker, 692 F.2d 333 (4th Cir. 1982). “1 The plaintiff *335 sought administrative review by the Regional Chief Administrative Law Judge (see 20 C.F.R. 404.975(e)), and requested a hearing at which he could present evidence to justify a full 25% award.”
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