20 C.F.R. § 416.1528

Proceedings before a State or Federal court

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(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 § 416.1525.

(b) Attorney fee allowed by a Federal court. If a Federal court in any proceeding under title XVI of the Act makes a judgment in favor of the claimant who was represented before the court by an attorney, and the court, under section 1631(d)(2) 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 eligible 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 pay directly any other fee your representative may request.

[72 FR 16725, Apr. 5, 2007]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1984–2021 · leading case: Marguerite B. Reid v. Margaret M. Heckler, Sec'y of Health & Human Servs., 735 F.2d 757 (3rd Cir. 1984).

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Marguerite B. Reid v. Margaret M. Heckler, Sec'y of Health & Human Servs., 735 F.2d 757 (3rd Cir. 1984). “A companion regulation, 20 C.F.R. § 416.1528 , makes that clear by excluding in-court services.”

Smith v. Bowen, 656 F. Supp. 648 (W.D. Va. 1987). “See 20 C.F.R. § 416.1528 . In his remaining claim for relief, plaintiff notes that the initial agreement between himself and the attorney was designed to cover services rendered in conjunction with both his claim for disability insurance benefits and the claim for SSI benefits.”

Lambert v. Apfel, 89 F. Supp. 2d 748 (W.D. Va. 2000). “Since the social security regulations expressly do not permit the Social Security Administration to consider the services rendered in a court proceeding in approving a fee, see 20 C.F.R. § 416.1528 (1999), I do not see why the petitioner here cannot rely solely upon his fee…”

Rodriguez v. Comm'r of Soc. Sec. Admin. (M.D. Fla. 2021). “See 20 C.F.R. §§ 416.1528 , 416.1530. Upon review of the fee agreement (Doc.”

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