We can not approve the fee agreement filed in this case. Section(s) 206(a) [and 1631(d)(2) of the Social Security Act [42 U.S.C. 406(a) (and 1383)], as amended, provides that “the Commissioner of Social Security shall approve the
agreement at the time of the favorable determination.” Because the Federal court allowed
your claim, the fee agreement provisions of the Act do not apply.
If your lawyer wishes to receive a fee for the services he or she provided you before
the Social Security Administration, he or she must file a fee petition with the Attorney
Fee Officer at the Office of Disability Adjudication and Review, Attention: Attorney
Fee Branch Suite 805, 5107 Leesburg Pike, Falls Church, VA 22041-3255.
Section(s) 206(b) and 1631(d) of the Social Security Act, as amended, govern(s) fees for services before the court.
Under this section, the judge that issued the favorable decision may also enter an
order determining the amount of the fee that your lawyer may charge for services before
the court. If your lawyer wishes to receive a fee for those services, he/she must
send the petition for that fee to the court that rendered the decision. He/she should
also send a copy of that petition to the United States Attorney's office.
Your lawyer may also petition for a fee under the Equal Access to Justice Act (EAJA).
These awards are paid from administrative funds and, unlike fees under section 206
and 1631 of the Act, are not deducted from your past-due benefits. The EAJA specifically
provides that where an attorney receives fees for the same work under both section
206(b) and 1631(d) of the Social Security Act and the EAJA, the attorney must refund to you the amount
of the smaller fee.
If your lawyer is not going to submit a fee petition to the Attorney Fee Officer and/or
petition the court for a fee, he/she should notify us in writing so that we may distribute
any excess funds we withheld from your past-due benefits.