US · rules
Dist. Idaho Loc. Civ. R. 54.4
Social Security Fee Motions Under 42 U.S.C. §§ 406(b) AND 1383(d)(2)
(a) A motion for attorney fees under 42 U.S.C. §§ 406(b) or 1383(d)(2) must be filed within thirty (30) days of counsel's receipt of the last Notice of Award necessary to calculate the total amount of retroactive benefits.
(b) The motion must be accompanied by a certificate of service attesting that the motion has been served on the claimant.
(c) The claimant and/or the defendant may file a response brief within twenty-one (21) days after receipt of the motion. Claimant's counsel may submit a reply brief within fourteen (14) days of any response brief.
Related Authority
42 U.S.C. §§ 406(b) and 1383(d)(2)
Advisory Committee Notes
The procedures set forth in this rule apply to motions for attorney fees brought under 42 U.S.C. §§ 406(b) or 1383(d)(2), which allow an attorney to request fees from a social security claimant's past-due benefits. This rule does not apply to motions for fees under the Equal Access to Justice Act, which are governed by 28 U.S.C. § 2412(d).
Provenance
- Source
- idd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
6a4d58ed91e95d50cdbdeb574c3ea7e5122eca1a3f4d86cbb974fa794ef88e53
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.