petitioner’s attorney applies to the court for an order fixing attorney’s fees to be paid out of past
accrued benefits for an award of past due benefits. This rule does not apply to fees awarded
pursuant to the Equal Access to Justice Act.
(A) The original of any petition for attorney’s fees will be filed together with a
certificate of service showing a copy served on the United States Attorney. The
petition for attorney’s fees shall be filed no later than sixty (60) days after the
issuance of all notices of award of benefits from the Social Security
Administration. This does not preclude filing a petition based on fewer than all
anticipated notices of award of benefits. Noncompliance with this time limit may
be deemed a waiver of any claim for attorney’s fees, unless the attorney can show
good cause for the delay.
(B) The petition should comply with the requirements set forth in Gisbrecht v.
Barnhart, 535 U.S. 789, 792 (2002), and should contain evidence (copy of
Certificate of Social Insurance Award) that the case has reached the final
determination, that the Commissioner is withholding the fee requested, and that
the attorney and client entered a valid agreement for the fees. It should also
contain a supporting statement or affidavit by the attorney if a substantial amount
is involved or there are exceptional circumstances.
(C) The United States Attorney shall be allowed thirty (30) days in which to file any
objections to the petition for attorney’s fees.
(D) The petition, together with supporting materials and the Commissioner’s
objection, if any, will be forwarded to the appropriate district judge or magistrate
judge for consideration.
ACTIONS FILED BY PRISONERS
