TN 11 (07-04)
GN 03920.005 Representative's Fees Subject to SSA's Authorization
A. Policy - SSA's Authority
The Act directs the Commissioner to authorize the fee an attorney representative (hereinafter we use “attorney”) or non-attorney representative may charge and collect for services provided to a claimant in proceedings before SSA.
B. Policy - Fee Authorization Required
A representative, attorney or non-attorney, must obtain SSA's authorization to charge and collect a fee for services provided in proceedings before SSA irrespective of whether (among other things):
the services result in an allowance, reinstatement, or disallowance action by SSA;
the attorney/non-attorney was ever recognized by SSA as a claimant's representative, or the individual did not deal directly with or actually contact SSA; or
the fee is charged to or collected from the claimant or a third party (e.g., an insurance company), unless the requirements in GN 03920.010B. are met.
C. Policy - Proceedings Before SSA
SSA considers any claim or asserted right under titles II, XVI, or XVIII of the Social Security Act, which results in the following, to be a proceeding before SSA for fee purposes:
an initial, revised, or reconsidered determination or action by a field office or processing center; or
a decision or action by an Administrative Law Judge or an Administrative Appeals Judge, including a decision issued after a court remand.
D. List of Proceedings Before SSA
Proceedings that require SSA's fee authorization include, but are not limited to, services in connection with:
an application for Social Security monthly benefits, supplemental security income (SSI) payments, or a lump-sum death payment;
an application for hospital insurance benefits or supplemental medical insurance benefits;
a request to establish or continue a period of disability;
a request to modify the amount of benefits;
a request to reinstate benefits;
a request to waive recovery of an overpayment, or an appeal of an overpayment waiver denial determination; and
a request to revise an earnings record.