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LR 54.2 Social Security Fee Motions

(a) Attorneys representing clients in social security disability claims under Title II of the Social Security Act who seek District Court approval under 42 U.S.C. § 406 must file and serve a social security fee motion no later than 14 days after entry of judgment or receipt of the social security certificate award (notice of award), whichever is later. Attorneys representing clients in social security disability claims who seek District Court approval under 28 U.S.C. § 2412 (d), the Equal Access to Justice Act, shall file a motion within 30 days of final judgment in the action.

(b) The social security fee motion must include the following information and any other information that the applicable statute requires:

(1) the past due benefits due the claimant,

(2) the past due benefits due any dependents,

(3) the dollar amount under (1) and (2) withheld by the Secretary for attorney's fees,

(4) the fees sought under 42 U.S.C. § 406 and court costs, fees and/or expenses sought under 28 U.S.C. § 2412,

(5) separate totals of hours counsel spent preparing and presenting the case in the District Court and before the Social Security Administra­tion, and a certification by counsel that these hours are accurate and they are derived from contemporaneous time records, and

(6) a statement of whether counsel has represented the client in any other matter that involved the impairments in the disability claim. If so, indicate:

(A) whether the attorney has or may obtain an attorney fee from that matter and the amount or means of calculation;

(B) which medical evidence or reports prepared for or used in that matter were also used in the social security proceedings.

(c) The social security fee motion shall be accompanied by the following documents:

(1) a legible copy of the notice of award showing the amount of past due benefits and the amount withheld by the Secretary under 42 U.S.C. § 406,

(2) an itemized statement of services rendered showing chronological time entries for services at the administrative agency and District Court levels. These chronological time entries shall indicate the specific task(s) performed by the attorney.

(3) a copy of any fee agreement entered into between the plaintiff and the attorney.

(4) a certificate of service that the attorney's fee motion and attachments have been served on the U.S. Attorney and on the plaintiff. The certificate of service on the plaintiff shall include a statement that the plaintiff has received the following notice on a cover page of his or her copy of the motion and attachments:

NOTICE

Under the Social Security Act, the District Court must review and approve a reasonable attorney fee for legal services rendered in your case. This fee will be paid from a portion of your past due benefits that the Social Security Administration has withheld. This fee cannot be more than 25% of your past due benefits. It can, however, be an amount less than 25% of your past due benefits even if you have signed an agreement with your attorney for the full 25%. The attorney is not legally permitted to accept more from you or Social Security than the Federal Court allows. Enclosed is a copy of the attorney's fee application and attachments. If you have any objections to the fee or consider it to be unreasonable, or if you believe that any of the statements in the fee applica­tion are incorrect, you should send a brief statement of your concerns to the Judge whose name is on the motion, c/o U.S. District Court, 231 W. Lafayette, Detroit, MI 48226. Your statement will be given to the Judge, and the Court will send a copy of it to your attorney and will consider your statement in arriving at a reasonable fee for your attorney.
March 3, 1998


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