Defendant was convicted of charging fees in excess of the maximum for services rendered in connection with a claim before the Social Security Administration. He appealed.

Defendant rendered tax preparation services for a self-employed individual who made a claim before the Social Security Administration. He claimed that tax preparation could not be considered a service in connection with a social security claim.

But it was not that simple. The Judge reviewed the jury’s decision. Some of the factors found by the jury were: 1) the claimant was initially referred to the defendant for services in connection with a social security claim; 2) application for social security benefits was made immediately before or after the tax work was done; 3) the tax returns were delinquent and reflected online self-employee income that would have the effect of establishing social security eligibility; 4) there was evidence the defendant did more than just tax work, but also performed other services in connection with a social security claim.

The Appeals Judge found that there was evidence to support the jury’s decision.

See United States of America v. Lewis & Hicks, 235 F.Supp. 220 (1964).

See also Social Security Ruling 65-33c.

Most services before the social security administration these days is in connection with disability cases, for which fees are strictly regulated. Typically a fee is 25% of any past due benefits subject to a $6,000 ceiling. Fees are contingent upon a successful outcome of the case.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.