1. Medical, generally-Continued. (d) Under act of July 14, 1892-Continued. until claimant himself has established a prima facie right to the benefit of said act. Thomas J. Howren (Asst. Sec. Reynolds), 8 P. D., 228. 2. Special. See also CERTIFICATES (Of examination). It is not the purpose of a special examination to supply evidence which the claimant has failed or neglected to furnish. Alida Cramer (Asst. Sec. Hawkins), 1 P. D., 47. In order to determine definitely parental dependence, the case is remanded for special examination. Mary Ann Riley (Asst. Sec. Reynolds), 7 P. D., 459. The record showing the fact, only, of discharge, it is held that a special examination should be ordered to ascertain the date and cause of appellant's discharge. Thomas Johnson (Asst. Sec. Reynolds), 7 P. D., 491. Where an investigation is instituted for the purpose of ascertaining whether a fraud has been perpetrated upon the Government in procuring a pension, the pensioner suspected of fraudulently procuring such pension is not entitled to notice of the time and place of taking evidence, nor has such pensioner or his attorney any right to inspect the evidence filed touching such fraud, nor to a copy thereof. Pythia Ann Sulliran (Asst. Sec. Reynolds), 7 P. D., 512. No evidence whatever of origin of alleged disability having been filed, a prima facie case is not made out, and it is not the duty of the Bureau to hold a special examination in order to try to establish the claim. William Strong (Asst. Sec. Reynolds), 8 P. D., 292. (a) Further special examination. While a new examination, affording to claimant an oppor tunity to meet and cross-examine the witnesses, will be granted when the evidence obtained under a prior ex parte examination is material to the proper determination of the claim, yet no such new examination should be made where, from the nature of the case, it can have no effect on the ultimate deci sion; the facts presented in this case, by the claimant's own statements, being conclusive against the claim. George Solomon (Asst. Sec. Hawkins), 2 P. D., 29. See also EVIDENCE (Burden of proof); NOTICE; RERATING EXAMINING SURGEONS. See EVIDENCE (Certificates); EXAMINATIONS. See EVIDENCE. EXPERT. FACE BRIEF. A case which has no face brief, and nothing to show that final official action has been taken, except an abbreviated and indefinite indorsement upon the jacket, will be returned for proper briefing, in accordance with the established rules and practice. Sarah I. Rees (Asst. Sec. Reynolds), 7 P. D., 368. Where, in a claim for increase to $50 per month on account of the necessity for periodical aid and attendance, there is nothing to show final official action, except medical slips and a brief indorsement on the case jacket, appeal will be dismissed, in order that action on the merits of the claim may be taken by the Bureau on a properly prepared face brief, showing definitely legal and medical conclusions as to all disabilities and claims. Alfred Barlow (Asst. Sec. Reynolds), 8 P. D., 282. FATHERS. See BOUNTY LAND; DEPENDENT RELATIVES; LIMITATION; REMARRIAGE. 1. Generally. 2. Determined by the record. 3. Division of fee. 4. Forfeiture of fee. FEE. 5. Fee not dependent on amount of pension granted. 6. Fee dependent on service rendered. 7. Reduction of fee agreed upon. 8. Refundment of fee. 9. No fund, no fee. 10. Fee when two attorneys. 11. Accrued pension, fee in cases of. 12. Advance payment of fee. 13. Arrears of pension, fee in cases of. 16. Duplicate or reissue of certificate, fee in. 17. Duplicate or more claims, fee in. 18. Duplicate declarations, fee in. 19. Increase claims, fee in. 20. Minors' claims, fee in. 21. Navy claims, fee in. 22. Rerating claims, fee in. 23. Restoration, fees in claims for. 24. Special act, fees in claims under. 25. Special examinations, fee in. 26. Suspended attorney, fee to. 1. Generally. Attorneys have no lien on the pension certificate or any claim on the fund. Eusebius P. Hull (Sec. Cox), 6 L. B. P., 547. A fee of $10 only is due where the completing evidence was filed prior to July 8, 1870, although fee agreements for a greater sum have been filed. John H. Hanson (Sec. Delano), 7 L. B. P., 273. No fee is payable prior to the first payment of pension, notwithstanding nearly ten months may elapse since the pension certificate, with the proper vouchers, was forwarded to the pensioner, during which time no application had been made. for payment. Mynard W. Rynus (Actg. Sec. Cowen), 1 P. D. (0. s.), 37. A fee paid to an attorney by the claimant for commutation in lieu of an artificial limb should not be deducted from the fee due such attorney in said claimant's claim for pension, as the matter in which the former fee was paid is without the jurisdiction of this Department. James McGuirk (Actg. Sec. Cowen), 2 P. D. (o. s.), 119. The amount of fee to be paid in a claim is discretionary with the Commissioner of Pensions, notwithstanding the fee agreements. Citing and adhering to ruling of Sec. Cox, August 19, 1870, it being stated that the laws since then have not invalidated the position then taken. Theodore F. Field et al. (Actg. Sec. Gorham), 3 P. D. (o. s.), 498. Payment of fee to an attorney in case where certificate was issued after death of applicant having no child under 16 years of age must be determined by section 4718, which contemplates that the fee should be paid only when the pension is paid. Sarah King (Sec. Schurz), 6 P. D. (0. s.), 99. Attorneys will not be allowed to receive for their services in prosecuting a claim any other sum than that specified in the law, although an additional sum may be voluntarily tendered them by the claimant. Ross Wilkinson (Sec. Kirkwood), 8 P. D. (o. s.), 190. Under the act of June 20, 1878, the Commissioner of Pensions has no discretion as to allowance of fee in cases pending at passage of said act in which fee contracts were filed, but must approve the amount of fee therein fixed. Emeratta Goit (Sec. Kirkwood), 8 P. D. (o. s.), 310. The act of July 4, 1884, provides that the fee for the prosecution of a pension claim shall be $10 only, unless a larger fee-not exceeding $25-is agreed upon under a special written contract. The fee will be paid to the attorney or other person entitled thereto by the pension agent out of the pension allowed. George Hindson (Asst. Sec. Bussey), 3 P. D., 101. 2. Determined by the record. Questions of fee are to be determined from the record as it was at the time of adjudication, and that record may not be changed or amended by the addition thereto of ex parte statements or affidavits filed subsequent to the date on which action was taken by the Bureau. John S. Miller (Asst. Sec. Reynolds), 7 P. D., 347. Questious of fee are to be determined from the record as it was at the time of adjudication. That record may not be changed or amended by the addition thereto of statements of attorneys made in briefs submitted by them in support of appeals filed in the Department. Sidney M. Brownell (Asst. Sec. Reynolds), 7 P. D., 373. 3. Division of fee. Two attorneys being recognized and performing material service, the fee should be divided between them. Rachel Marshall (Asst. Sec. Bussey), 4 P. D., 413. In claims already adjudicated, in claims complete though still pending, in claims in the hands of a special examiner, no further service being required, and in claims not yet complete, but in which attorneys, acting in good faith and conforming to the approved practice, have furnished material evidence and performed their duty under their contracts, the fee will be apportioned equitably among such as are entitled to recogni tion under the rule laid down in the Jewell Case. Alonzo Shull (Asst. Sec. Reynolds), 7 P. D., 183. To divide the fee between two attorneys is to reduce it, and to reduce it is to vary the terms of the contract filed by each attorney. This the Commissioner has no authority to do. So much of the decision in the Jewell Case as authorizes the division and apportionment of fees is therefore overruled. Ibid. 4. Forfeiture of fee. Where fee of $25 was paid to an attorney through oversight, said attorney having neglected the case for more than two years, the second attorney having completed the claim, the office should request the return of $10, the same to be paid to the second attorney, this being the amount to which he would be entitled under the law. George A. Barrett (Sec. Schurz), 6 P. D. (o. s.), 431. Where attorney for more than a year neglected and paid no attention to claim, a second attorney intervened, upon whose efforts favorable action was taken by the office: Held, That the payment of fee to the second attorney was proper. liam T. Newbit (Sec. Schurz), 7 P. D. (o. s.), 53. 13201-17 Wil 4. Forfeiture of fee-Continued. The claim for increase in which the appellant was attorney having been abandoned by the applicant, who thereafter filed a claim in his own behalf, which was allowed, the appellant was not entitled to a fee. Robins E. Babcock (Asst. Sec. Reynolds), 7 P. D., 285. The appellant having performed material service, and the claim having been completed within the year to which he was entitled under rule 16 (now 12), should have been paid the fee. Brewster Case (In re P. J. Lockwood, March 22, 1894) cited and followed. Where an attorneyship has been forfeited under rule 12, and such forfeiture has been followed by the appointment and recognition of another attorney, the forfeited attor neyship can not be revived. (See ATTORNEYS, 43.) Patrick Coffee (Asst. Sec. Reynolds), 7 P. D., 338. Notice to an appellant for pension or bounty land, whether in a pending or rejected claim, is not notice to the attorney, the latter having rights as to fee which, to a certain extent, are adverse to those of the former. For the protection of these rights notice to the attorney is necessary, and he can not be lawfully deprived of them without it. This decision shall not be retroactive in effect. The decision in the case of Busher of October 6, 1891, is reversed, and that in the Larned case (7 P. D., 162) reaffirmed. Calista M. Hardy (Asst. Sec. Reynolds), 7 P. D., 391. Where an application under act of June 27, 1890, filed July 19, 1890, was rejected on March 17, 1891, the attorney filing and prosecuting the same having failed to take any action therein since said rejection, is not entitled to a fee upon an allowance of a claim subsequently filed under the same act by the claim ant in his own proper person in which said attorney rendered no service. George Smith (Asst. Sec. Reynolds), 7 P. D., 424. 5. Fee not dependent on amount of pension granted. Attorney's fees in pension claims are not regulated by the amount of money received by claimants in pursuance of certifi cates of pension, the fee in cases of contract being a matter of agreement for service only. George Hindson (Asst. Sec. Bussey), 3 P. D., 101. There is no authority of law for reducing a contract fee because of the small amount of labor performed by the attorney. Henry L. R. Woods (Asst. Sec. Bussey), 3 P. D., 239. An attorney is entitled to his fee without regard to the small amount of labor performed by him or the smallness of the pension allowed. Hosmer Chase (Asst. Sec. Bussey), 4 P. D., 89. |