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ATTORNEY FEES / Claimant Missed Deadline To Dispute Fees

Appeal 180777

            The ALJ determined that attorney’s fees were not reasonable and necessary.  However, documentary evidence was admitted regarding the date of receipt of the Order by the claimant as well as the date the claimant disputed the Order.  The evidence reflected that the claimant requested an expedited CCH to dispute the attorney’s fees awarded in the Order in the amount of $1,249.50 on October 10, 2017.  The 20th day after September 19, 2017, the deemed date of receipt, was Monday,October 9, 2017; thus, the request for an expedited CCH to dispute attorney’s fees in the Order was filed late.

Accordingly, the Appeals Panel reversed the ALJ’s decision that an attorney’s fee in the amount of $1,149.50 was not reasonable and necessary for services rendered from August 26 through September 11, 2017, and rendered a new decision that the Order was not timely disputed by the claimant and became final.

Attorney Fees

if you win your case, your attorney receives a percentage of your workers’ comp benefits or settlement. If you lose, there’s no fee… Typically, the maximum percentages range from about 10 to 20% of your settlement or benefits, depending on the complexity of the case.

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the Social Security Disability Handbook

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