When it meets the conditions for approval and is not otherwise excepted, SSA defers
to the written fee agreement as the expression of the intentions of the parties. Generally,
parties expect to be held to the terms of their agreement. However, the reviewer must
intervene and set a reasonable fee, either affirming, decreasing, or increasing the
original fee when through a request for administrative review:
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•
the claimant, an affected auxiliary, or the representative expresses dissatisfaction
with the fee; or
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•
the decision maker has shown that either the representative did not represent the
claimant's interest adequately or the fee is clearly excessive in light of the services
provided.
The review mechanism enables the Secretary to redress situations in which the fee
authorized under the agreement is not reasonable compensation for the services provided
in the case. It does not compel changes to the fee authorized under the agreement.