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Post by demelza on Nov 4, 2009 15:35:41 GMT -5
I hope it's not inappropriate to ask this here. If so, please guide me to an appropriate forum. If I am representing someone on an overpayment case only and am successful in having it waived, can I charge that client a fee, or is this purely pro bono?
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Post by Propmaster on Nov 4, 2009 15:48:21 GMT -5
Any fee you want to charge has to be approved by the agency. Assuming no back benefits are due (unlikely in the case you describe), you need to file a Fee Petition with the decision-making level. For example, if you went to an ALJ hearing, you would send your Fee Petition to the ALJ. The Fee Petition explains what accompanying documentation you need to provide to the ALJ. Failure to obtain approval of any fee you charge is in violation of the law.
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Post by demelza on Nov 4, 2009 20:49:54 GMT -5
Thank you, Propmaster. It was that last part I wanted to be absolutely sure about.
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Post by hooligan on Nov 7, 2009 11:27:55 GMT -5
I have seen this handled in a number of ways. Most representatives decline to accept overpayment cases because of the difficulty in getting paid. Some will take their chances because they want to market their services widely and they do not want to get the reputation for "cherry picking."
A small group of Reps utilize their trust account. They will take the case, obtain a fee agreement based upon an hourly calcuation, require a deposit that they hold in their trust account. Once the case is done and the fee petition is approved, they use the trust funds as the source of payment. Without the deposit, collecting is nearly impossible. Most claimants are judgment proof.
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Post by demelza on Nov 8, 2009 10:16:02 GMT -5
Holligan, I sent you a PM.
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