D.S.C. Local Civ. Rule 83.VII.10

The following procedure will be used if the

petitioner’s attorney applies to the court for an order fixing attorney’s fees to be paid out of past

accrued benefits for an award of past due benefits. This rule does not apply to fees awarded

pursuant to the Equal Access to Justice Act.

(A) The original of any petition for attorney’s fees will be filed together with a

certificate of service showing a copy served on the United States Attorney. The

petition for attorney’s fees shall be filed no later than sixty (60) days after the

issuance of all notices of award of benefits from the Social Security

Administration. This does not preclude filing a petition based on fewer than all

anticipated notices of award of benefits. Noncompliance with this time limit may

be deemed a waiver of any claim for attorney’s fees, unless the attorney can show

good cause for the delay.

(B) The petition should comply with the requirements set forth in Gisbrecht v.

Barnhart, 535 U.S. 789, 792 (2002), and should contain evidence (copy of

Certificate of Social Insurance Award) that the case has reached the final

determination, that the Commissioner is withholding the fee requested, and that

the attorney and client entered a valid agreement for the fees. It should also

contain a supporting statement or affidavit by the attorney if a substantial amount

is involved or there are exceptional circumstances.

(C) The United States Attorney shall be allowed thirty (30) days in which to file any

objections to the petition for attorney’s fees.

(D) The petition, together with supporting materials and the Commissioner’s

objection, if any, will be forwarded to the appropriate district judge or magistrate

judge for consideration.