C.F.R. » Title 20 » CHAPTER VI—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR › SUBCHAPTER B—FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED › PART 725—CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED › Subpart D—Adjudication Officers; Parties and Representatives

20 C.F.R. § 725.365

Approval of representative's fees; lien against benefits

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No fee charged for representation services rendered to a claimant with respect to any claim under this part shall be valid unless approved under this subpart. No contract or prior agreement for a fee shall be valid. In cases where the obligation to pay the attorney's fee is upon the claimant, the amount of the fee awarded may be made a lien upon the benefits due under an award and the adjudication officer shall fix, in the award approving the fee, such lien and the manner of payment of the fee. Any representative who is not an attorney may be awarded a fee for services under this subpart, except that no lien may be imposed with respect to such representative's fee.

Notes of Decisions
Cited in 6 cases, 1979–2004 · leading case: United States Dep't of Labor v. Triplett, 494 U.S. 715 (1990).
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United States Dep't of Labor v. Triplett, 494 U.S. 715 (1990). · cites it 2× “The Department's regulations invalidate all contractual agreements for fees, see 20 CFR §§ 725.365 , 802.203(f) (1989), and the Department will not approve a fee if the claimant is unsuccessful, see Director, OWCP v.”
Comm. on Legal Ethics of the West Virginia State Bar v. Triplett, 378 S.E.2d 82 (W. Va. 1988). · cites it 4× “20 C.F.R. § 725.365 provides, in part: No fee charged for representation services rendered to a claimant with respect to any claim under this part shall be valid unless approved under this subpart.”
Nat'l Mining Ass'n v. Chao, 160 F. Supp. 2d 47 (D.D.C. 2001). · cites it 2× “20 C.F.R. § 725.365 : This rule authorizes a lien against benefit awards upon approval of attorney’s fees.”
Consolidation Coal Co. v. Swiger, 98 F. App'x 227 (4th Cir. 2004). “Shortly after the ALJ’s decision on eligibility, Swiger filed an application for attorney’s fees pursuant to 20 C.F.R. §§ 725.365 , 725.366, and 725.367.”
Dir., Off. of Workers' Comp. Programs v. Black Diamond Coal Mining Co., 598 F.2d 945 (5th Cir. 1979). “Federal agencies or corporations may not be comparable to the limited purpose Black Lung Disability Trust Fund created by the Black Lung Benefits Reform Act of 1977 and the Black Lung Revenue Act of 1977.”
Isaac Sargent & Anna Sargent v. Dir., Off. of Workers' Comp. Programs, United States Dept. Of Labor, 836 F.2d 1348 (6th Cir. 1988). “226 (1973) and 20 C.F.R. 725.365 (1978). 6 The 1978 regulation, Sec.”
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