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AIM Art_27 Attorney's Fees Revised Jan 27, 2014 Page 1 of 3

2701 Provision of the Act

Section 5(i) of the Act provides, in part, that:

"...Any...claimant or other properly interested person may be represented by 

counsel or other duly authorized agent, in any proceeding before the Board or its 

representatives or a court, but no such counsel or agent for a claimant shall 

either charge or receive for such services more than an amount approved by the 

Board or by the court before whom the proceedings of the Board are reviewed. 

Any person who violates any provision of this subsection shall be punished by a 

fine of not more than $10,000 or by imprisonment not exceeding one year."

2702 Railroad Retirement Board’s (RRB) Action Confined to 

Approval of Fee

The RRB does not, under Section 5(i) of the Act, set attorneys' fees for 

representing claimants in obtaining benefits. The amount of the fee to be 

charged in any particular case, is in the first instance, a matter of agreement 

between the attorney and his client. After the amount of the fee has been so 

agreed upon, it must be submitted to the RRB for approval. After approval by the 

RRB, the fee may properly be received by the attorney for his services in the 

case.

2703 Notice Regarding Section 5(i)

2703.01 Communication from attorney

When an attorney communicates with an adjudicating office (field office or the 

Sickness and Unemployment Benefits Section (SUBS)) with respect to a 

claimant and there is information indicating that the claimant is being charged an 

amount by this attorney for services in connection with his claims for 

unemployment insurance benefits, the reply should call attention to the 

provisions of Section 5(i) unless this was previously done. A paragraph similar to 

the following should be included in the first reply to the attorney:

"I do not know whether Mr. (name of claimant) has employed you in a 

professional capacity, but if he has, your attention is called to the provisions of 

Section 5(i) of the Railroad Unemployment Insurance Act, a copy of which is 

enclosed. You will note that no counsel or agent may charge or receive for such 

service more than an amount approved by the Railroad Retirement Board."

2703.02 Information received from sources other than attorney

If a claimant informs the adjudicating office, or if the adjudicating office is 

otherwise reliably informed, that the claimant is being charged an amount by an 

attorney for services in connection with his claims for unemployment insurance 
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AIM Art_27 Attorney's Fees Revised Jan 27, 2014 Page 2 of 3

benefits the claimant should be advised by special letter of the provisions of 

Section 5(i) of the Act and instructed to show such letter to his attorney. In the 

absence of information that the provisions of Section 5(i) of the Act are being 

violated, no further action should be taken by the adjudicating office.

2704 Inquiries from Attorneys

When an attorney inquires about the amount of his fee, the adjudicating office 

shall immediately send him a letter stating the policy of the RRB in not setting 

fees (See Section 2702). If an attorney requests approval of a fee, the pertinent 

files on the case shall be sent to the SUBS.

2705 Subsequent Action

After the files have been submitted, the adjudicating office shall refer any letters 

or inquiries received from the attorney to SUBS for reply.

The Office of General Counsel will notify the attorney directly whether or not the 

fee is approved by the RRB and will send a copy of the notification to the 

adjudicating office.