Letter AF-8 |
Request for Administrative Review Denied — Good Cause Not Established |
Letter AF-9 |
Final Letter - Fee Not Changed |
Letter AF-10 |
Final Letter - Fee Raised |
Letter AF-11 |
Final Letter - Fee Lowered |
AF-8 — Request for Administrative Review Denied - Good Cause Not Established
George Bailey
Street Address
City/State/ZIP Code
On June 20, 1995, you asked us to review the fee amount we said your representative,
Jane Doe, can charge for her work on your claim.
We asked you to explain why you did not ask us to review the fee amount within 30
days of our letter dated April 15, 1995.
Our Decision About The Late Request
You said you did not get our notice of the fee amount until May 30, 1995. However,
your local Social Security office says they talked to you about the fee notice on
April 28, 1995. They told you then that you had to request review within 30 days of
the date of our letter.
You asked for a review more than 30 daysafter the date of our letter. We decided that the reason you gave us does not show you had
a good reason for missing the deadline.
So we will not review our final decision dated April 15, 1995, about the fee amount.
We are sending copies of this letter to Jane Doe, Mary Bailey, and Zuzu Bailey.
If You Have Any Questions
See Referral Paragraphs in Model Acknowledgment Letter AF-1
AF-9 — Final Letter - Fee Not Changed
Jane Doe
Attorney at Law
Street Address
City/State/ZIP Code
We are writing about your request to raise the fee amount we said you can charge for
your work on Sally Brown's claims.
The law allows us to approve a representative's fee for social security claims-related
services. The law also allows us to review decisions about the fee for those services.
When we approve a representative's fee, we consider the purposes of the Social Security
and Supplemental Security Income (SSI) programs. In all cases, we also consider:
-
•
the services provided (including the type of service);
-
•
the difficulty of the case;
-
•
the level of skill required to provide the services;
-
•
the amount of time spent on the case;
-
-
•
the level of administrative review to which the representative took the claim;
-
•
the level of review at which he or she entered the proceedings; and
-
•
the fee amount requested, not including any out-of-pocket expenses, but including
any amount already approved or requested. An example of out-of-pocket expenses is
the cost to get copies of doctors' or hospitals' reports.
We do not approve a representative's fee on a straight hourly basis or as a percentage
of any past or future benefits.
Our Decision
Someone who did not make the first decision reviewed the fee amount. We considered
the above rules and your letter dated July 15, 1995, in making our decision. Based
on this review, we decided that $1,500 we approved before is reasonable for your services.
Response to specific issue(s) or argument(s) raised.)
This is the most you can charge for your work on Ms. Brown's Social Security and SSI
claims. We did not change the fee amount because (Rationale for not modifying the fee.)
There is no further review available to you, to Ms. Brown, or to her children in this
matter. The legal references for this are 20 CFR 404.1720(d)(1) and 416.1520(d)(1).
We are sending copies of this letter to Ms. Brown, Susy Brown, and Joey Brown.
If You Have Any Questions
See Referral Paragraphs in Model Acknowledgment Letter AF-1
AF-10 — Final Letter - Fee Raised
John Jones
Attorney at Law
Street Address
City/State/ZIP Code
We are writing about your request to raise the fee amount we said you can charge for
your work on James Smith's claims.
The law allows us to approve a representative's fee for social security claims-related
services. The law allows us to review decisions about the fee for those services.
Our Decision
Someone who did not make the first decision reviewed the fee amount. In our letter
dated August 12, 1995, we told you about the rules we consider in approving a representative's
fee. We considered those rules, your letter dated July 15, 1995, and Mr. Smith's letter
dated August 28, 1995, in making our decision. Based on this reivew, we decided that
you may charge $2,000. We raised the fee amount because (Rationale for increasing
the fee, include a response to specific issue(s) and argument(s) raised.). The fee
does not include any out-of-pocket expenses (for example, costs to get copies of doctors'
or hospitals' reports).
This decision replaces our earlier one about the fee amount dated February 15, 1995.
This new amount is the most you can charge for your work on Mr. Smith's Social Security
and Supplemental Security Income claims.
We paid you $1,500 from Mr. Smith's past-due benefits. This amount is 25 percent of
Mr. Smith's Social Security past-due benefits. Payment of the rest of the fee is a
matter between you and Mr. Smith.
There is no further review available to you or to Mr. Smith in this matter. The legal
references for this are 20 CFR 404.1720(d)(1) and 416.1520(d)(1).
We are sending a copy of this letter to Mr. Smith.
If You Have Any Questions
See Referral Paragraphs in Model Acknowledgment Letter AF-1
AF-11 — Final Letter - Fee Lowered
Emily Harris
Street Address
City/State/ZIP Code
We are writing about your request to lower the fee amount we said your lawyer, Susan
Jones, can charge for her work on your claim.
The law allows us to approve a representative's fee for social security claims-related
services. The law also allows us to review decisions about the fee for those services.
When we approve a representative's fee we consider the purpose of the Social Security
program. We also consider:
-
•
the services provided (including the type of service);
-
•
the difficulty of the case;
-
•
the level of skill required to provide the services;
-
•
the amount of time spent on the case;
-
-
•
the level of administrative review to which the representative took the claim;
-
•
the level of review at which he or she entered the proceedings; and
-
•
the amount of the fee requested, not including any out-of-pocket expenses but including
any amount already approved or requested. An example of out-of-pocket expenses is
the cost to get copies of doctors' or hospitals' reports.
We do not approve a representative's fee on a straight hourly basis or as a percentage
of any past or future benefits.
Our Decision
Someone who did not make the first decision reviewed the fee agreement. We considered
the above rules and your letter dated July 15, 1995, in making our decision. Based
on this review, we decided that your lawyer may charge $1,000. We lowered the fee
amount because (Rationale for decreasing the fee, include a response to specific issue(s)
and argument(s) raised.). The fee does not include any out-of-pocket expenses.
This decision replaces our earlier one about the fee amount dated February 15, 1995.
Your lawyer can collect the fee as follows:
Emily Harris |
$750 |
Susy Harris |
$125 |
Joey Harris |
$125 |
We paid your lawyer $1,500 from your and your children's past-due benefits. The fee
amount we now approve is $500 less than we paid. Your lawyer must refund $500. If
you do not receive a refund soon, let us know.
There is no further review available to you, to your children, or to Ms. Jones in
this matter. The legal reference to this is 20 CFR 404.1720(d)(1).
We are sending copies of this letter to Ms. Jones and Mr. George Harris for Susy Harris
and Joey Harris.
If You Have Any Questions
See Referral Paragraphs in Model Acknowledgment Letter AF-1