PRIA Logo™
Take the PRIA Score
Title 42 — The Public Health and WelfareRelease 119-73

§7385g Attorney fees

Title 42 › Chapter CHAPTER 84— - DEPARTMENT OF ENERGY › Subchapter SUBCHAPTER XVI— - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM › Part Part C— - Treatment, Coordination, and Forfeiture of Compensation and Benefits › § 7385g

Last updated Apr 6, 2026|Official source

Summary

Even if there's a contract, a person's representative cannot take more than a set percent of any lump-sum payment under part B. The limit is 2% for filing the first claim and 10% for filing an objection to a recommended decision that denies payment. The rule only applies to services tied to that lump-sum claim. A representative who violates it can be fined up to $5,000.

Full Legal Text

Title 42, §7385g

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Notwithstanding any contract, the representative of an individual may not receive, for services rendered in connection with the claim of an individual for payment of lump-sum compensation under part B, more than that percentage specified in subsection (b) of a payment made under part B on such claim.
(b)The percentage referred to in subsection (a) is—
(1)2 percent for the filing of an initial claim for payment of lump-sum compensation; and
(2)10 percent with respect to objections to a recommended decision denying payment of lump-sum compensation.
(c)This section shall not apply with respect to services rendered that are not in connection with such a claim for payment of lump-sum compensation.
(d)Any such representative who violates this section shall be fined not more than $5,000.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2001—Subsec. (a). Pub. L. 107–107, § 3151(a)(6)(A), inserted “for payment of lump-sum compensation” after “the claim of an individual”. Subsec. (b)(1). Pub. L. 107–107, § 3151(a)(6)(B), inserted “for payment of lump-sum compensation” after “initial claim”. Subsec. (b)(2). Pub. L. 107–107, § 3151(a)(6)(C), substituted “with respect to objections to a recommended decision denying payment of lump-sum compensation” for “with respect to any claim with respect to which a representative has made a contract for services before October 30, 2000”. Subsecs. (c), (d). Pub. L. 107–107, § 3151(a)(6)(D), (E), added subsec. (c) and redesignated former subsec. (c) as (d).

Reference

Citations & Metadata

Citation

42 U.S.C. § 7385g

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73