Two alternative systems, with completely different procedures, rules and deadlines, govern the authorisation of fees. One system, the fee application procedure described in §§720-739, is slow, painful, generally stingy and leaves decision-makers with an excessive margin of appreciation. The other system, the fee agreement process, which provides for optimized authorization and payment of attorneys` fees, works best in the vast majority of cases. There are also exceptions where a representative dies before a favourable decision is made, and where a State court declares the applicant legally incompetent and the applicant`s legal guardian does not sign the fee agreement. When a federal court makes a decision on the granting of benefits, SSA says that the representative`s fees for work before the Agency are not paid as part of the fee agreement procedure. Whenever an exception applies, you must apply for a fee to obtain your fees. See Article 705. Lawyers have found that the fee-granting procedure is less expensive than the fee application procedure in tedious cases, for example. B in the event of an appeal exceeding the ALJ`s hearing level. The more hours a lawyer spends on a case, the lower the average hourly fee, as fees are limited to a maximum of $5300 as part of the fee agreement process. However, as we will see, there is a way to increase fees in cases where these are appeals beyond the ALJ hearing level by using a two-stage fee agreement. See § 703 and the two-stage fee agreement at §178.3.1.
The fee agreement process to get a tax approved provides for a virtually automatic payment of your fees if: Disabled lawyers and lawyers submit attorneys` fees directly to the SSA instead of sending their clients` invoices. Royalties are also paid directly by the SSA and only after the thorough review of the pricing agreements. Of course, if you could predict in advance which case would be longer, a case that you would fight for years, you would choose the fee application procedure in that case. Although such forecasts are usually impossible, it is possible to enter into a contract with your client that applies the fee agreement process, for example. B by the ALJ`s first hearing; thereafter, the fee application procedure applies. . . .