§ 1–623.27. Representation; attorneys; fees.

(a) A claimant may authorize an individual to represent him or her in any proceeding before an administrative law judge under § 1-623.24(b). The claimant shall pay the fee for the representation.

(b)(1) For the purposes of this subsection, the term “successful prosecution” means obtaining an award of compensation that exceeds the amount that was previously awarded, offered, or determined. The term “successful prosecution” shall include a reinstatement or partial reinstatement of benefits which are reduced or terminated.

(2) If a person utilizes the services of an attorney-at-law in the successful prosecution of his or her claim under § 1-623.24(b) or before any court for review of any action, award, order, or decision, there shall be awarded, in addition to the award of compensation, in a compensation order, a reasonable attorney’s fee, not to exceed 20% of the actual benefit secured, which fee award shall be paid directly by the Mayor or his or her designee to the attorney for the claimant in a lump sum within 30 days after the date of the compensation order.

(c) A person who receives any fees, other consideration, or any gratuity on account of services rendered as a representative of the claimant in an administrative or judicial proceeding under this subchapter, or who makes it a business to solicit employment for a lawyer, or for himself in respect of any claim or award for compensation, unless such consideration or any gratuity is approved as part of an order, shall be guilty of a misdemeanor and, upon conviction for each offense shall be punished by a fine of not more than $1,000, or imprisonment for not more than one year, or both. This provision applies to all benefits secured through the efforts of the attorney, including settlements provided for under this subchapter.

(d) Repealed.

(e)(1) In all cases, fees for attorneys representing the claimant shall be approved in the manner herein provided. If any proceedings are had before the administrative law judge or any court for review of any action, award, order, or decision, the administrative law judge or court shall approve an attorney’s fee for the work done before the administrative law judge or court, as the case may be, by the attorney for the claimant.

(2) An approved attorney’s fee, in cases in which the obligation to pay the fee is upon the claimant, may be made a lien upon the compensation order due under an award, and the administrative law judge or court shall fix in the award approving the fee such lien and manner of payment.

(Mar. 3, 1979, D.C. Law 2-139, § 2327, 25 DCR 5740; Mar. 26, 1999, D.C. Law 12-175, § 2102(d), 45 DCR 7193; Mar. 8, 2007, D.C. Law 16-231, § 2(c), 54 DCR 365; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(15), 57 DCR 6242; Sept. 14, 2011, D.C. Law 19-21, § 1092, 58 DCR 6226.)

Prior Codifications

1981 Ed., § 1-624.27.

1973 Ed., § 1-353.27.

Effect of Amendments

D.C. Law 16-231 rewrote this section, which formerly read:

“(a) A claimant may authorize an individual to represent him or her in any proceeding under this subchapter before the Mayor.

“(b) A claim for legal or other services furnished on behalf of a claimant in respect to a case, claim, or award for compensation under this subchapter is valid only if approved by the Mayor.”

D.C. Law 18-223 rewrote subsecs. (a) and (b); and repealed subsec. (d).

D.C. Law 19-21 rewrote subsec. (b); and added subsec. (e). Prior to amendment, subsec. (b) read as follows: “(b) In all cases, a claim for legal or other services furnished on behalf of a claimant in respect to a case, claim, or award for compensation under this title shall be valid only if approved by the administrative law judge.”

Emergency Legislation

For temporary amendment of section, see § 1702(d) of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1702(d) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary (90-day) amendment of section, see § 1702(d) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90 day) amendment of section, see § 1062(b)(15) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Short Title

Short title: Section 1091 of D.C. Law 19-21 provided that subtitle I of title I of the act may be cited as “Disability Compensation Program Amendment Act of 2011”.