Section 406 - Representation of claimants before Commissioner

2 Citing briefs

  1. People With Disabilities Foundation v. Colvin

    MOTION to Dismiss for Lack of Jurisdiction

    Filed August 12, 2016

    Lastly, the Act provides “[t]he decision of the administrative law judge or other person conducting the review shall not be subject to further review.” 42 U.S.C. § 406(a)(3)(C); 20 C.F.R. § 404.1720(d) (“[a]n authorized official of the Social Security Administration who did not take part in the fee determination being questioned will review the determination” and “[t]his determination is not subject to further review.”)

  2. Barilla v. Colvin

    BRIEF in Support re Motion to Dismiss

    Filed January 27, 2017

    The statute and regulations that govern payment of past-due benefits and attorney’s fees for representation before the agency do not prescribe a set period for issuing notices and payments. See 42 U.S.C. § 406(a)(2)(A), (D). Here, Plaintiff’s Complaint fails to point to any statute or regulation that requires the agency to pay him fees within a specified time frame.