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Information for Attorneys and Representatives Before the Benefits Review Board:

Filing a notice of appeal

  • A notice of appeal must be filed within 30 days from the date upon which a decision and order has been filed in the Office of the Deputy Commissioner. See 20 C.F.R. §802.205(a).
  • Any untimely appeal will be summarily dismissed by the Board for lack of jurisdiction. See 20 C.F.R. §802.205(c).
  • To file a notice of appeal by mail, please send to: U.S. Department of Labor P.O. Box 37601 Washington, D.C. 20013-7601
  • Otherwise, a notice of appeal may be presented to the Clerk of the Board at: 200 Constitution Avenue, N.W. Room S-5220 Washington, D.C. 20210
  • The party who files the notice of appeal shall also serve a copy of the notice of appeal on the deputy commissioner who filed the decision or order being appealed and on all other parties. See 20 C.F.R. §802.205(a).

Party not represented by an attorney

  • Where a party is not represented by an attorney in an appeal before the Board, the Board may, in its discretion, prescribe informal procedures to be followed. See 20 C.F.R. §802.220.

Qualifications

  • Any party or intervenor or duly authorized representative may appear before and/or submit written argument to the Board by attorney or any other person. See 20 C.F.R. §802.202(a).
  • Any individual petitioner or respondent or his duly authorized representative [or officer of any corporate party or a member of any partnership or joint venture which is a party,] may participate in the appeal on his or her own behalf, or on the behalf of such business entity. See 20 C.F.R. §802.202(b).
  • An attorney at law who is admitted to practice before the Federal courts or before the highest court of any State, the District of Columbia, or any territory or commonwealth of the United States, may practice before the Board unless he or she has been disqualified. See 20 C.F.R. §802.202(d)(1).
  • Any person who is not an attorney at law may be admitted to appear in a representative capacity unless he or she has been disqualified. See 20 C.F.R. §802.202(d)(2).

Dismissals

  • At any time prior to the issuance of a decision by the Board, any party or representative may move that the appeal be dismissed. See 20 C.F.R. §802.401.

Fees for services

  • No fee for services rendered on behalf of a claimant in the successful pursuit or successful defense of an appeal shall be valid unless approved. See 20 C.F.R. §802.203(a).
  • A fee application submitted to the Board shall include only time spent on services performed while the appeal was pending before the Board. See 20 C.F.R. §802.203(d).
  • Within 60 days of the issuance of a decision or non-interlocutory order by the Board, counsel or the other duly authorized representative for any claimant who has prevailed on appeal before the Board may file an application with the Board for a fee. See 20 C.F.R. §802.203(c).
  • Where the Board remands the case and the administrative law judge on remand issues an award, a fee petition for services performed before the Board may be filed with the Board within 60 days of the decision on remand. See 20 C.F.R. §802.203(c).
  • In the event that a claimant who was unsuccessful before the Board prevails on appeal to the court of appeals, his or her representative may within 60 days of issuance of the court's judgment file a fee application with the Board for services performed before the Board. See 20 C.F.R. §802.203(c).