A widow, W, filed for mother’s and child’s social security benefits for herself and her child, C, based on her deceased husband’s earnings record.

However, this application was denied because C was not the worker’s legally adopted child. In order to qualify for these benefits, W needed to adopt C within two years of her deceased husband’s death.

W hires an Attorney, who helped her to adopt C. The attorney also helped W secure mother’s and child’s social security benefits.

The attorney applied for payment of fees in the amount of $150 for the services he had provided in connection with the adoption of C.

Social Security regulation’s provide for the maximum amount of attorney fees that can be paid to an attorney in connection with services provided to claimants for social security benefits. This usually occurs with respect to a claim for social security disability insurance benefits or SSI benefits. The regulations apply to services before the social security administration.

But the regulations do not allow approval of attorney fees for services in state or federal court.

For this reason the attorney’s claim for fees for the adoption of C was disallowed, even though the adoption was necessary in order for W to obtain benefits. However, he was awarded $50 for his services before the agency in assisting W to obtain benefits.

See Social Security Ruling (SSR) 62-47.

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.