(a) Any person seeking a fee for services performed on behalf of a
claimant with respect to claims filed under the Act shall make
application therefor to the district director, administrative law judge,
Board, or court, as the case may be, before whom the services were
performed (See 33 U.S.C. 928(c)). The application shall be filed and
serviced upon the other parties within the time limits specified by such
district director, administrative law judge, Board, or court. The
application shall be supported by a complete statement of the extent and
character of the necessary work done, described with particularity as to
the professional status (e.g., attorney, paralegal, law clerk, or other
person assisting an attorney) of each person performing such work, the
normal billing rate for each such person, and the hours devoted by each
such person to each category of work. Any fee approved shall be
reasonably commensurate with the necessary work done and shall take into
account the quality of the representation, the complexity of the legal
issues involved, and the amount of benefits awarded, and when the fee is
to be assessed against the claimant, shall also take into account the
financial circumstances of the claimant. No contract pertaining to the
amount of a fee shall be recognized.
(b) No fee shall be approved for a representative whose name appears
on the Secretary's list of disqualified representatives under
Sec. 702.131(b).
(c) Where fees are included in a settlement agreement submitted
under Sec. 702.241, et seq. approval of that agreement shall be deemed
approval of attorney fees for purposes of this subsection for work
performed before the Administrative Law Judge or district director
approving the settlement.
[50 FR 394, Jan. 3, 1985]
