The regulations governing Black Lung Benefits Act claims provide that a qualified
attorney need not file a notice of appearance, but may submit a written declaration
(or oral declaration at the formal hearing) that s/he is authorized to represent
the party. 20 C.F.R. § 725.362(a) (2001).
A representative must be qualified under 20 C.F.R. § 725.363. 20 C.F.R. § 725.362(a).
If an attorney, the representative must be in good standing; admitted to practice
before a court of a state, territory, district, or insular possession, or before
the Supreme Court of the United States or other federal court; and is not,
pursuant to any provision of law, prohibited from acting as a representative.
20 C.F.R. § 725.362(a) (2000) and (2001).
For a representative who is not an attorney, s/he may be appointed as a representative
so long as that person is not, pursuant to any provision of law, prohibited
from acting as a representative. 20 C.F.R. § 725.363 (2000) and (2001).
In Black Lung Benefits Act cases, a claimant may not be charged a fee by an
attorney unless black lung benefits are awarded. 20
C.F.R. §725.365. If the 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 under 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, and the claimant is liable for any fees owed.
For more information, see generally Judges' Benchbook of the Black Lung
Benefits Act (OALJ 2003), Chapter 27, Representative's
Fees and Representation Issue; see also Forms: Application
for Approval of a Representative's Fee In a Black Lung Claim Proceeding Conducted
by The U.S. Department of Labor.
See also 20
C.F.R. § 802.202 (Entry of appearance before the BRB)
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