Can you charge a claimant for out of pocket expenses after an unfavorable decision?

Charging a claimant for out-of-pocket expenses after an unfavorable decision is permissible under specific circumstances. Generally, the guidelines within the context of non-attorney representation suggest that if there was a prior agreement regarding the fees or costs associated with the claim, these can be enforced.

This means that if the claimant was made fully aware of the potential costs that could arise during the process—including out-of-pocket expenses—they may be charged for these costs, as long as it is clearly stated and agreed upon beforehand. This includes expenses that are not part of the typical fees associated with the case but are necessary for the representation. Hence, in scenarios where the representation included transparency about potential expenses, the option to charge the claimant stands valid, allowing for a reasonable recovery of those costs.

Moreover, expenses related to obtaining necessary documents or other costs incurred directly in preparing for a case may also contribute to the overall understanding of what can be charged. However, charges must be transparent and compliant with established agreements between the representative and the claimant.