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Title 42, The Public Health and WelfareRelease 119-110

§7385g Attorney Fees

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

Last updated Sep 22, 2026|Official source

Summary

A person's representative cannot get more than a set percentage of a Part B lump-sum payment for help with that claim, even if there is a contract. The limit is 2% for filing the initial claim and 10% for filing objections to a recommended decision that denies the lump-sum. The limit only covers services tied to that lump-sum claim. A representative who breaks the rule can be fined up to $5,000.

Full Legal Text

Title 42, §7385g

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

(a)General rule
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)Applicable percentage limitations
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)Inapplicability to other services
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)Penalty
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

Sep 22, 2026

Release point: 119-110