The representative, whom the claimant appointed in a claim before us, may file a fee
petition unless:
-
•
the representative was previously authorized to receive a fee for services on that
claim, matter, or issue based on an approved fee agreement, or
-
•
the representative submitted a contingency fee contract (i.e., agreed to charge and
collect a fee only if we favorably decide the claim, matter, or issue) and our decision
is unfavorable.
Except in the above circumstances, any representative may request a fee for the services
the representative actually provided in a claim, matter, or issue before us using
the fee petition process. However, a representative cannot submit multiple fee petitions
for the same services on a single case, even if additional past-due benefits become
payable. Former representatives may file fee petitions only when they did not waive
their fees.
IMPORTANT: The representative must file the fee petition personally. We will not accept or process
fee petitions submitted by a firm or other entity or persons on behalf of the representative,
including fee petitions submitted with a power of attorney. We will return those fee
petitions to the representative(s). We will annotate the document to alert the representative
that we will not take any action until he or she submits a fee petition personally.
Refer to GN 03930.020D.5. if the representative dies before filing a petition.