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Code of Federal Regulations Pertaining to ESA |
| Employees' Benefits |
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| Office of Workers' Compensation Programs, Department of Labor |
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| Claims for Compensation Under the Federal Employees' Compensation Act, As Amended |
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| Special Provisions |
20 CFR 10.703 - How are fee applications approved?
- Section Number: 10.703
- Section Name: How are fee applications approved?
(a) Fee Application. (1) The representative must submit the fee
application to the district office and/or the Branch of Hearings and
Review, according to where the work for which the fee is charged was
performed. The application shall contain the following:
(i) An itemized statement showing the representative's hourly rate,
the number of hours worked and specifically identifying the work
performed and a total amount charged for the representation (excluding
administrative costs).
(ii) A statement of agreement or disagreement with the amount
charged, signed by the claimant. The statement must also acknowledge
that the claimant is aware that he or she must pay the fees and that
OWCP is not responsible for paying the fee or other costs.
(2) An incomplete application will be returned with no further
comment.
(b) Approval where there is no dispute. Where a fee application is
accompanied by a signed statement indicating the claimant's agreement
with the fee as described in paragraph (a)(1)(ii) of this section, the
application is deemed approved.
(c) Disputed requests. (1) Where the claimant disagrees with the
amount of the fee, as indicated in the statement accompanying the
submittal, OWCP will evaluate the objection and decide whether or not to
approve the request. OWCP will provide a copy of the request to the
claimant and ask him or her to submit any further information in support
of the objection within 15 days from the date the request is forwarded.
After that period has passed, OWCP will evaluate the information
received to determine whether the amount of the fee is substantially in
excess of the value of services received by looking at the following
factors:
(i) Usefulness of the representative's services;
(ii) The nature and complexity of the claim;
(iii) The actual time spent on development and presentation of the
claim; and
(iv) Customary local charges for similar services.
(2) Where the claimant disputes the representative's request and
files an objection with OWCP, an appealable decision will be issued.
Third Party Liability
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