Mar 1, 2007

Historical Time Frame On Fee Cap Increase

Jo Anne Barnhart was confirmed as Commissioner of Social Security on November 2, 2001, according to the online biography that Social Security has on her.

About two months later, on January 8, 2002, Barnhart signed an order order raising the cap on the amount that attorneys may charge for representing Social Security claimants from $4,000 to $5,300. This order was published in the Federal Register on January 17, 2002.

The fee cap has not been raised since Barnhart did it five years ago.

Michael Astrue was confirmed on February 2, 2007. It is unclear whether Astrue will raise the fee cap at this point or ever. If he is going to do it, it is unlikely that he cares about doing it in the same time frame as his predecessor, but it is still interesting to have an historical reference point.

2 comments:

Anonymous said...

But cant you just file with the ALJ to ask for a higher amt I see it al the time on SSA records. The Fee is capped to prevent atty's that do little and get alot. The higher fee's are awarded when the case is prolonged or exceptional. Is it just tha atty's want it to be easier to get a higher reward?

Anonymous said...

Well to me an attorney's help can be invaluable to a claimant. Better to pay $5300 or a little more for an attorney's fee, than to represent yourself or have an inept non-atty rep, and be denied SSA disability benefits.