In the case of United States Department of Labor v. Triplett et al., 1989, the Supreme Court ruled that attorneys could be paid directly from their clients' black lung benefits under certain circumstances. The Black Lung Benefits Act had previously prohibited such payments without approval from the Secretary of Labor, but attorney Triplett challenged this rule after he was denied fees for representing a miner in his claim for benefits. The court found that while Congress intended to protect miners from unscrupulous legal practices with this provision, it did not intend to prevent them from hiring and paying lawyers when necessary. Therefore, they held that an outright ban on direct fee payment violated due process rights unless there were specific findings showing exploitation or overreaching by the lawyer.

In the dissenting opinion for the United States Department of Labor v. Triplett case, Justice Blackmun argued that the majority's decision was a departure from established precedent and an unnecessary intrusion into Congress' domain. He contended that there was no evidence to suggest that Congress intended to allow attorneys to receive fees directly from their clients in black lung benefits cases, as this would undermine the statutory scheme designed by Congress. Furthermore, he believed it was not appropriate for courts to make policy judgments about whether direct fee arrangements should be allowed; such decisions are best left up to legislative bodies with expertise in crafting comprehensive regulatory schemes. The justice also expressed concern about potential conflicts of interest arising from direct fee agreements between attorneys and claimants.