In certain types of cases adjudicated by the Department of Labor,
attorneys or non-attorney representatives may or must file fee petitions.
Special rules may apply depending on the case area. An attorney or
representative representing a client before DOL, therefore, should become
familiar with applicable procedural regulations.
For example, in Black Lung Benefits Act cases, a claimant may not be
charged a fee by an attorney unless benefits are awarded.
20 C.F.R.
§725.365. If benefits are awarded, attorney's fees are paid by the
employer or the Black Lung Disability Trust Fund. The attorney must file a fee
petition with the presiding ALJ in compliance with
20 C.F.R.
§725.366. If a successful claimant was represented by a non-attorney
representative and there is no employer liable for the payment of the
benefits, the Black Lung Disability Trust Fund will not pay fees or costs to
lay representatives. In such a circumstance the claimant is personally liable
for any fees owed. As with attorneys, however, if no benefits are awarded a lay
representative may not charge a fee for the unsuccessful representation.
In cases in which a fee petition is submitted to the presiding ALJ,
attorneys and representatives must present evidence documenting the hours
worked and the rates claimed. If the documentation of hours is inadequate, the
award may be reduced.
For more information, see
- Judges' Benchbook of the Black Lung Benefits Act (2003), Chapter 27,
Representative's
Fees and Representation Issues
- Judges' Benchbook: Longshore and Harbor Workers' Compensation Act
(2002), Topic 28,
Attorney's
Fees
- Nuclear and Environmental Whistleblower Digest, Division XVI, Damages
and Remedies, Subdivision E, Litigation Expenses
- STAA Whistleblower Digest, Division IX, Damages and Remedies,
Subdivision C,
Litigation
Expenses
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