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We pay “participation fees” or “referral fees” to our attorney referral partners (some jurisdictions refer to fee sharing as “participation fees” and others as “referral fees”; however for purposes of this information we will collectively refer to fee sharing as “referral fees”).
“Referral fees” are paid based on the back-end 406B fees.
Our attorney referral partners will receive a fee in the amount of 20% of collected 406B fees that are paid over the total EAJA award.
The fee structure for federal cases you refer to us will be as follows:
Referral fees are subject to change at the discretion of The Federal Appeals Firm.
In order to be paid referral fees, please send us a W-9 Form, which we will need for our accounting purposes. Payment will be made on Form-1099.
We also have an additional form for you to sign in order to comply with jurisdictional ethical requirements, which we will provide to you. Lastly, each client signs a form acknowledging and approving the payment of referral fees in order to ensure compliance with ethical rules and regulations.
We do not offer “participation fees” or “referral fees” from the EAJA fees. This is for a few reasons, including: federal appeals are not generally boiler plate, cannot be drafted by a paralegal, can take 40+ hours to perfect, and are, of course, difficult to win with an uncertain outcome despite the large time commitment. Additionally, we have numerous attorneys that work with us, and a staff of paralegals, that are also compensated out of the EAJA fee recovery. In order to ensure quality work product, and maintain a sustainable business model, we cannot pay referral fees out of the EAJA fees.
Referral fees will only be paid in accordance with the rules of ethics. The rules of ethics prohibit the sharing of legal fees with non-attorneys.
Because of ethical rules that prohibit the splitting of attorneys’ fees with non-attorneys, we are prohibited from sharing legal fees with non-attorney representatives. We do not believe this rule is fair since attorney and non-attorney reps are all in the same “industry” and are authorized to handle the same types of administrative cases. Unfortunately, however, the law prohibits fee sharing with non-attorney representatives. There is no exception to the rule. For this reason, we can only share fees with our attorney and law firm referral partners. We apologize to our non-attorney referral partners since you are equally important to us. But, we must comply with the ethical rules that govern attorney conduct.
Thank you for working with us. We appreciate that you keep us in mind for federal level appeals!
*By law, the original EAJA award must be refunded to the client upon receipt of a 406B fee payment.
Disclaimer: The information on this Social Security Disability Law website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Past performance does not guarantee future results. We cannot guarantee that you will win. We are a private law firm. “The Federal Appeals Firm™” is a registered trade name of Konoski & Partners, P.C., a New Jersey professional corporation. We are not affiliated or associated with the Social Security Administration.
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