According to NOSSCR (the National Organization of Social Security Claimants’ Representatives), the user fee rises each year because it has an automatic Cost-of-Living-Adjustment.   [info@nosscr-news.info]

The fee cap for fee agreements does not rise each year because it has no automatic Cost-of-Living-Adjustment. By statute, the Commissioner has the discretion, but not the mandate, to raise the fee cap. That has happened only once, in 2002, when Commissioner Barnhart raised the cap from $4,000 to $5,300.  How many attorneys do you know who have not raised their fees over a 7 year period ?  And, this fee is CONTINGENT AND CAPPED !

Congressman John Lewis (D-GA) has introduced legislation to address this issue. His bill, H.R. 7285, contains two provisions. First, the bill would increase the maximum fee in fee agreement cases to $6,264.50.  Second, the bill would establish a statutory annual COLA for the fee cap.

This Congress will be adjourning shortly.  NOSSCR anticipates that the bill will be re-introduced next year in the new Congress. At that time, it will be given a new number.