In the fee agreement process (see GN 03940.001), the representative does not submit a document declaring that his or her services
have ended, as is the case in the fee petition process. Therefore, in fee agreement
cases, SSA presumes that a representative's services end when the appeals period(s)
expire(s) in the case (see GN 03910.060A.2., first bullet), unless the claimant specifically indicates that the representative's
services continue beyond that date (see GN 03910.060A.5.).
This rule applies whether or not SSA has authorized the statutory maximum fee of $6,000
payable under the terms of an approved fee agreement before the expiration of the
appeals period(s) in the case. In fee agreement cases, SSA may authorize a fee of
$6,000 based on past-due benefits before all issues arising from the claim(s) are
adjudicated. In such cases, SSA presumes, absent indication to the contrary, that
the representatives services, and the representative's authority to act on behalf
of the claimant (see GN 03910.025), continue until the remaining issues are adjudicated.
EXAMPLE 1: In a Title II claim, SSA authorizes a fee of $6,000 based on the primary claimant's
past-due benefits, but there are delayed auxiliary claims that SSA has not adjudicated.
In this case, SSA presumes that the representative's services continue until the delayed
auxiliary claims are adjudicated.
EXAMPLE 2: In a concurrent Titles II and XVI claim, SSA authorizes a fee of $6,000 based on the
claimant's Title II past-due benefits, but SSA has not completed adjudicating one
or more issues affecting payment of benefits (e.g., windfall offset, Title II income
adjustment). In this case, SSA presumes that the representative's services continue
until the remaining issues are adjudicated.