TN 1 (05-86)

GN 03990.040 Potential Violations - Equal Access to Justice Act

The EAJA specifically provides that where an attorney receives fees for the same work under both section 206(b) of the Social Security Act and the EAJA, the attorney must refund to the claimant the amount of the smaller fee. If an attorney is known or suspected to have collected fees under both statutes, but did not refund the smaller fee to the claimant, he/she may be in violation of section 206(b)(2) of the Social Security Act and the EAJA. If there is such information or evidence, the matter should be referred for further investigation as indicated in GN 03970.016.