Effective Dates: 09/11/2026 - Present Previous | Next

Last Update: 2026-09-11 TN 011-115

HA 01120.001 Representative Fees — Overview

A. Introduction

The Social Security Act (Act) directs the Commissioner to authorize the fee a representative may charge and collect for services provided to a claimant in proceedings before the Social Security Administration (SSA).

There are two separate, mutually exclusive processes by which a representative may seek SSA's authorization for any fee the representative wants to charge and collect:

  • •

    The fee agreement process; and

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    The fee petition process.

At the hearings and Appeals Council (AC) levels, Hearings, Appeals, and Litigation Law (HALLEX) manual HA 01120.006 provides the delegations of authority to approve a fee agreement, authorize a reasonable fee based on a fee petition, and review initial fee actions under both the fee agreement and fee petition processes.

If a representative knowingly charges, collects, retains, or makes any arrangement to charge, collect, or retain, from any source, directly or indirectly, any fee for representational services in violation of applicable law or regulation, the Commissioner may suspend or disqualify the representative from further practice before SSA (see HALLEX HA 01110.040).

B. Fee Authorization Processes

The representative generally selects which of the two fee authorization processes to use. To use the fee agreement process, the claimant or representative must file a fee agreement before the date SSA makes the first favorable determination or decision the representative worked toward achieving. If the claimant or representative does not file an agreement before that date, SSA presumes the representative will either file a fee petition or waive a fee. If a representative elects the fee agreement process but SSA does not approve the agreement under HALLEX HA 01120.012, the representative must file a fee petition to charge and collect a fee.

NOTE: 

For purposes of this section and all fee-related matters, a determination or decision is “favorable” if it is fully or partially favorable.

1. Fee Agreement

Under the fee agreement process, SSA authorizes a fee based on a fee agreement between the claimant and the representative(s). A fee agreement is a written statement signed by the claimant and the appointed representative(s), specifying the fee the representative(s) expects to charge and collect, and the claimant expects to pay for the representational services provided in pursuing the claim(s) or post-entitlement or post-eligibility (PE) action.

SSA will not approve a fee agreement filed after the date SSA makes the first favorable determination or decision on the claim. For claims decided at the initial or reconsideration level, the date of the award notice to the claimant is the controlling date. For claims decided at the hearings or AC levels, the date of the hearing or AC decision is controlling.

A fee agreement submitted to SSA may remain in effect throughout the administrative appeals process and during any administrative proceeding following a court remand.

When SSA issues a favorable determination or decision, it will approve an agreement signed by the claimant and the representative if the agreement meets the statutory conditions in sections 206(a)(2)(A) and 1631(d)(2)(A) of the Act and no exceptions apply. HALLEX HA 01120.012 lists the statutory conditions and exceptions. If SSA approves the fee agreement, it will authorize a fee when effectuating the favorable determination or decision. If no one requests administrative review (see HALLEX HA 01120.041 for information on fee agreement administrative review), the fee specified in the agreement is the maximum the representative may charge and collect.

2. Fee Petition

A fee petition is a written statement signed by the claimant's representative requesting the fee the representative wants to charge and collect for the services provided in pursuing the claim(s) or PE action. In general, the representative petitions for a fee after their services in the case have ended. Refer to HALLEX HA 01110.030A for guidance on when a representative's appointment ends. As described in HALLEX HA 01120.053A (see also Program Operations Manual System (POMS) GN 03930.020A), in limited circumstances, an entity's point of contact (POC) or an individual representing the deceased representative's estate may file a petition on behalf of the deceased representative. See HALLEX HA 01120.001C for information regarding representative assignment of direct payment of fees to an entity and HALLEX HA 01120.002G for the definition of an entity's POC.

Based on the petition, SSA authorizes a “reasonable” fee for the specific services provided. In determining a reasonable fee, SSA considers criteria the regulations prescribe in 20 CFR 404.1725 and 416.1525. See HALLEX HA 01120.057 for more information about the criteria and examples for evaluating fee petitions.

C. Assignment of Direct Payment of Fees to an Entity

Regardless of whether an individual representative uses the fee agreement or fee petition process, SSA has established a mechanism by which a representative may assign (i.e., transfer) to an entity their right to receive direct payment of authorized fees from the claimant's past-due benefits. When all the requirements are met, an appointed representative may assign direct payment to an entity, and SSA will directly pay that entity any fee authorized to the representative. For additional information about the assignment of direct payment of fees, see POMS GN 03920.021.

1. Requirements for a Representative to Assign the Right to Direct Payment of Fees

To assign direct payment of an authorized fee to an entity, an appointed representative must:

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    Be eligible for direct payment (e.g., an attorney or Eligible for Direct Payment Non-Attorney representative (EDPNA) who is not sanctioned);

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    Not have waived the fee or direct payment;

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    Assign direct payment of the entire fee to a single entity;

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    Make the assignment before the date SSA makes the first favorable determination or decision on the specific case; and

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    Be affiliated with the entity through the agency's registration process.

2. Requirements for an Entity to be Eligible to Receive Direct Payment of Fees by Assignment

To receive direct payment through an assignment, an entity must:

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    Have an Employer Identification Number (EIN);

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    Have registered with SSA before a representative submits an assignment naming the entity as the assignee;

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    Not be listed on the Ineligible for Direct Payment Entities (IDPE) list (see POMS GN 03920.052 for more information about the IDPE list);

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    Designate and maintain an employee who is registered as a representative with SSA as a POC to speak and act on the entity's behalf; and

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    Have a banking account that accepts Electronic Funds Transfer (EFT).

D. Informing Representatives of Fee Petition Option

If the case is pending at the hearings level and the representative has not submitted a fee agreement and has not waived the right to charge and collect a fee in a written statement, hearings-level staff must provide the representative with Form SSA-1560, “Petition For Authorization To Charge And Collect A Fee For Services Before The Social Security Administration.”

Hearings-level staff may provide Form SSA-1560 to the representative at any time while the claim or PE action is pending or forward it to the representative with their copy of the hearing decision. If the representative indicates an interest in obtaining the form online, the staff will:

When the AC issues a favorable or partially favorable decision, AC staff provides the representative with form SSA-1560.

NOTE: 

Where there is evidence to suggest that an entity's POC or another individual listed in HALLEX HA 01120.053A (see also GN 03930.020A) will file a fee petition on behalf of a deceased representative, hearings and AC staff will notify them that the Form SSA-1560 is formatted for use by individual representatives. These individuals should use another writing when filing a fee petition on behalf of the deceased representative.

E. Administrative Review

Generally, when a claimant, affected auxiliary beneficiary or eligible spouse, or representative disagrees with SSA's action on a fee agreement or fee petition, they may request administrative review of that action. In the fee agreement process, the decision maker who approved the agreement also may request administrative review of the amount of the authorized fee under limited circumstances. Additionally, an entity's POC may also request administrative review of a fee agreement or fee petition in the limited circumstances described in HALLEX HA 01110.041B and HA 011120.053A (see also HALLEX HA 01120.061A).

1. Fee Agreement

Under the fee agreement process, there are two separate and distinct administrative review processes:

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    Review of the approval or disapproval of the fee agreement; and

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    Review of the amount of the fee authorized under the fee agreement.

Generally, only the claimant or representative may request review of the approval or disapproval of the fee agreement. The claimant, an affected auxiliary beneficiary or eligible spouse, or the representative may request review of the fee amount authorized under the fee agreement for any reason. The decision maker may request administrative review to reduce the authorized fee amount only based on:

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    Evidence that the representative failed to adequately represent the claimant's interest, or

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    Evidence that the fee is clearly excessive for the services rendered.

Each of these individuals have 15 days after receipt of the initial fee authorization notice to request administrative review.

Refer to HALLEX HA 01120.041, HA 01120.042, and HA 01120.044 for additional information on administrative review under the fee agreement process.

NOTE: 

Although the fee agreement and fee petition processes are mutually exclusive, if a representative submits a fee petition after SSA has approved a fee agreement, but before SSA authorizes a fee, SSA will consider the fee petition as a request for administrative review of the fee agreement approval. After SSA has approved a fee agreement and authorized a fee, SSA will consider the fee petition as a request for administrative review of the amount of the fee authorized. In this scenario, the fee petition must be submitted within 15 days of receiving the initial fee authorization notice.

2. Fee Petition

The claimant, an affected auxiliary beneficiary or eligible spouse, the representative, and, in limited circumstances, an entity's POC or another individual who filed a fee petition, has the right to request administrative review of the initial fee authorization pursuant to a fee petition. A request for review of a fee authorization under the fee petition process must be filed with SSA within 30 days after the date of the initial fee authorization notice.

Refer to HALLEX HA 01120.061, HA 01120.062 and HA 01120.063 for additional information on administrative review of fee petition.

3. Processing the Request for Administrative Review

Upon completion of the review, the reviewing official (see HALLEX HA 01120.006B.2., B.4., and C.2.) will affirm or reverse the approval or disapproval of the fee agreement or affirm or modify the amount of the fee authorized under either the fee agreement or fee petition process. The decision of the reviewing official after an administrative review is final and binding. It is not subject to further administrative or judicial review.

F. Miscellaneous Fee-Related Matters

Occasionally, another SSA component will have an inquiry or request for action that involves a hearings or AC-level fee matter. For example, Law & Policy may inquire about a fee authorization or request for administrative review in connection with a potential representative misconduct referral (see HALLEX HA 01110.050). Such inquiries or requests should be sent to Hearings In-Line Quality Review (Hearings ILQR) at ^DA DICompliance Hearings ILQR Fees. If other hearings or AC-level staff receive the inquiry in error, they will forward the inquiry or request to ^DA DICompliance Hearings ILQR Fees. Hearings ILQR staff will provide a response to the other SSA component. When coordination with a hearings-level fee decisionmaker is necessary, Hearings ILQR will coordinate and copy the jurisdiction Hearings Hub. When coordination with the Special Review Cadre or the AC-level fee decisionmaker is necessary, Hearings ILQR will contact ^DA Compliance Rep Issues.

NOTE: 

Fee agreement protests and fee petition status requests from effectuating components are distinct from these inquiries and should be processed using the instructions in HALLEX HA 01120.049 and 01120.055.

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http://policy.ssa.gov/poms.nsf/lnx/2501120001
HA 01120.001 - Representative Fees — Overview (I-1-2-1) - 09/11/2026
Batch run: 09/11/2026
Rev:09/11/2026