TN 9 (05-02)
GN 03106.065 Attorney Representation
A representative who wants to charge or collect a fee for services provided in any proceeding before the Social Security Administration (SSA) under the Social Security Act must first obtain SSA's authorization.
In cases with court involvement (including court remands), there are three potential attorney fees:
Administrative fee for services below the court level under § 206(a) of the Act; i.e., fee agreement and/or fee petition;
Court-ordered attorney fee for services before the court under § 206(b) of the Act; i.e., fee petition; and
Court-ordered attorney fees for services before the court under the Equal Access to Justice Act (EAJA).
For a general overview of representation and representative's fees, see GN 03910.001. See GN 03920.001 for policy and procedure pertaining to both the fee petition and fee agreement processes; this chapter also discusses fees SSA authorizes for services provided at the administrative level and additional fees a Federal court may authorize for services provided at the court level. For policies and specific procedures that apply to either the fee petition or the fee agreement processes, see GN 03930.001 or GN 03940.001, respectively. See GN 03990.000 for EAJA court fees.