Page:United States Statutes at Large Volume 104 Part 2.djvu/675

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PUBLIC LAW 101-508 —NOV. 5, 1990 104 STAT. 1388-267 writing to the Secretary prior to the time of the Secretary's determination regarding the claim, "(ii) the fee specified in the agreement does not exceed the lesser of— "(I) 25 percent of the total amount of such past-due benefits (as determined before any applicable reduction under section 1127(a)), or " (II) $4,000, and "(iii) the determination is favorable to the claimant, then the Secretary shall approve that agreement at the time of the favorable determination, and (subject to paragraph (3)) the fee specified in the agreement shall be the maximum fee. The Secretary may from time to time increase the dollar amount under clause (iiXII) to the extent that the rate of increase in such amount, as determined over the period since January 1, 1991, does not at any time exceed the rate of increase in primary insurance amounts under section 215(i) since such date. The Secretary shall publish any such increased amount in the Federal Register. "(B) For purposes of this subsection, the term 'past-due benefits' excludes any benefits with respect to which payment has been continued pursuant to subsection (g) or (h) of section 223. "(C) In the case of a claim with respect to which the Secretary has approved an agreement pursuant to subparagraph (A), the Secretary shall provide the claimant and the person representing the claimant a written notice of— "(i) the dollar amount of the past-due benefits (as determined before any applicable reduction under section 1127(a)) and the dollar amount of the past-due benefits payable to the claimant, "(ii) the dollar amount of the maximum fee which may be charged or recovered as determined under this paragraph, and "(iii) a description of the procedures for review under paragraph (3). "(3)(A) The Secretary shall provide by regulation for review of the amount which would otherwise be the maximum fee as determined under pargigraph (2) if, within 15 days after receipt of the notice provided pursuant to paragraph (2)(C)— "(i) the claimant, or the administrative law judge or other adjudicator who made the favorable determination, submits a written request to the Secretary to reduce the maximum fee, or "(ii) the person representing the claimant submits a written request to the Secretary to increase the msiximum fee. Any such review shall be conducted after providing the claimant, the person representing the claimant, and the adjudicator with reasonable notice of such request and an opportunity to submit written information in favor of or in opposition to such request. The adjudicator may request the Secretary to reduce the maximum fee only on the basis of evidence of the failure of the person representing the claimant to represent adequately the claimant's interest or on the basis of evidence that the fee is clearly excessive for services rendered. "(B)(i) In the case of a request for review under subparagraph (A) by the claimant or by the person representing the claimant, such review shall be conducted by the administrative law judge who made the favorable determination or, if the Secretary determines that such administrative law judge is unavailable or if the determination was not made by an administrative law judge, such review