Request legal fee approval for appeal hearings

Attorneys must request fee approval from the Department of Unemployment Assistance (DUA) before they bill a claimant for services.

DUA Attorney Fee Approval

The Details

What you need

If you represented a claimant at an appeal hearing and plan to bill them for your services, you must send a fee approval request to DUA.

Requests must include:

  • Claimant's full name, ID number, and potential maximum unemployment benefit amount
  • Issue ID number
  • Hearing dates and times
  • Employer's name (if applicable)
  • Fee amount being requested
  • Your signature
  • Copies of:
    • Signed and dated fee agreement
    • Detailed billing statement, unless it was a flat fee agreement
    • Favorable decision, if it was a contingent fee agreement

Send the request after providing services, but before billing the claimant.

How to request

Attorneys must email the request to section37fee@mass.gov

  • Subject line should be the claimant's last name and ID number
  • Attach all required documents as PDF files

Do not call the DUA Hearings Department to submit the request.

Next steps

What to expect after the request is submitted

  • Wait for an approval before collecting any legal fees from a claimant
  • Approvals usually take 10 days
  • Requests that are missing information or seeking an unusually high fee may take longer to review
  • If it's been more than a month since you submitted your request, email section37fee@mass.gov

More info

Maximum fees

Fees should not be more than 15% of the claimant's maximum benefit amount. Fees above that will only be approved in complicated or unusual situations.

Flat fees are encouraged. Flat fees of $750 or less are generally approved if the fee agreement is clearly written. Flat fees above that will require closer analysis.

If DUA denies your request because the fee is too high, you can submit a new request with a lower fee.

Retainers

Retainers are not encouraged. But they may be approved if:

  • The retainer is placed in an Interest on Lawyers Trust Account (IOLTA)
  • The retainer remains in the IOLTA until the fee is approved by DUA, and
  • This information is clearly stated in the fee agreement

Fee requests for the Board of Review

The Board of Review (BOR) has a separate fee approval process. Learn how to request attorney fee approval from the BOR.

General Laws

The legal fee approval process is required by Chapter 151A, Section 37 of the General Laws.

It is meant to safeguard unemployed individuals, and it is not required for attorneys representing employers.

Contact

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