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.

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):

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  the services result in an allowance, reinstatement, or disallowance action by SSA;

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  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

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  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.

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:

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  an initial, revised, or reconsidered determination or action by a field office or processing center; or

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  a decision or action by an Administrative Law Judge or an Administrative Appeals Judge, including a decision issued after a court remand.

Proceedings that require SSA's fee authorization include, but are not limited to, services in connection with:

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  an application for Social Security monthly benefits, supplemental security income (SSI) payments, or a lump-sum death payment;

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  an application for hospital insurance benefits or supplemental medical insurance benefits;

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  a request to establish or continue a period of disability;

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  a request to modify the amount of benefits;

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  a request to reinstate benefits;

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  a request to waive recovery of an overpayment, or an appeal of an overpayment waiver denial determination; and

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  a request to revise an earnings record.