In Longshore cases, attorneys make their entry of appearance before OWCP on the Form LS-18 - Pre-Hearing Statement (item 3 is for attorney/representative information; that item functions as notice of appearance). The Office of Administrative Law Judges (OALJ) will serve an attorney listed on the LS-18. Attorneys who first make a notice of appearance before OALJ should refer to the OALJ Rules of Practice and Procedure at 29 C.F.R. § 18.22. See also 20 C.F.R. § 802.202 (Entry of appearance before the BRB).
In a longshore case, an attorney can collect a fee only if successful in prosecuting the case for the claimant. 33 U.S.C. § 928. An attorney only gets a fee when the ALJ awards one. The ALJ makes a fee determination only after the attorney who represented the claimant files a fee petition and the opposing side has been given the chance to make objections. In the overwhelming majority of successful cases fees and costs are paid by either the employer or the employer’s insurance carrier.
For more information, see the Benefits Review Board Longshore Deskbook, Section 28, Attorney’s Fees.