Effective Dates: 12/18/2024 - Present Previous | Next

TN 35 (12-24)

GN 03930.001 Fee Petition Process - Introduction and Preview

A. Introduction

This subchapter describes the policies and procedures for authorizing representatives’ fees under the fee petition process. For information on administrative review of fees authorized under the fee petition process, see GN 03950.000. The policies and procedures for authorizing fees under the fee agreement process are described in GN 03940.000.

The sections in this subchapter follow the organization of GN 03930.025 covering actions taken in the field offices (FOs) and processing centers (PCs), and are grouped into topics based on the position of the employee who generally performs the task(s) identified. However, an individual PC may designate employees in another position as responsible for a given task within that component.

B. Definitions

When used in this subchapter, the following definitions apply:

1. Entity

Entity is any business, firm, or other association, including but not limited to partnerships, corporations, for-profit organizations, and not-for-profit organizations. See 20 CFR 404.1703 and 416.1503. A representative can assign direct payment of an authorized fee to an eligible entity per GN 03920.021.

2. Fee Agreement

A fee agreement is a written statement signed by the claimant and their representative(s) specifying the fee the representative(s) expects to charge and collect, and the claimant expects to pay, for services the representative(s) provides in pursuing the claimant's benefit rights in proceedings before us.

3. Fee Authorization

Fee authorization is our approval of the amount of the fee a claimant's representative may charge and collect for services provided.

4. Fee Authorization Documents

a. Fee Petition Process Authorization Documents

Fee authorization documents in the fee petition process include the following:

  • •

    Form SSA-1560A (Authorization to Charge and Collect a Fee), see GN 03905.085, or

  • •

    Fee-Authorization to Charge/Collect Fee (AUTHFEE) (available to fee authorizers in the Office of Hearings Operations (OHO) and the Office of Appellate Operations (OAO) only).

NOTE: 

The policies and procedures in GN 03930 and GN 03950 apply only to fee petitions and administrative review of fees authorized under the fee petition process for representational services provided before us. We do not have jurisdiction to authorize or review any fees a court authorizes for services provided before the court. For information about court-authorized fees, refer to GN 03920.060.

b. OHO/OAO Denying Fee Authorization

A fee authorizer at the hearing or Appeals Council level of review uses one of the documents listed in GN 03930.001B.4.a. and inserts zero dollars ($0.00) for the amount authorized when deciding not to authorize a fee (see HALLEX I-1-2-59).

5. 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 services they provided in pursuing the claimant's benefit rights in proceedings before us. Refer to GN 03930.020 for additional information about the requirements for filing a fee petition.

6. Point of Contact (POC)

A POC is an individual who registers as a representative in the manner we prescribe and is selected by an entity to speak and act on the entity's behalf and who assumes the affirmative duties and obligations we prescribe. See GN 03920.021D for more information on the role of a POC. In the limited circumstances described in GN 03930.020, a POC may file a fee petition and submit a request for administrative review for the services provided by a representative before us.

7. Processing Centers (PCs)

The PCs are the six Program Service Centers (PSCs) and the Office of Central Operations (OCO). OCO is comprised of the Office of Disability Operations (ODO) and the Office of Earnings and International Operations (OEIO).

8. Representative

A representative is an individual whom the claimant appoints to represent them in the claimant's dealings with us (i.e., to act on the claimant's behalf and pursue the claimant's interests). For purposes of our rules of conduct and standards of responsibility for representatives, representative also includes any individual who provides representational services, regardless of whether they have been formally appointed, and an individual who is listed as a POC for an entity, as applicable to their identified role (see GN 03970.010). For information on the appointment of a representative, see GN 03910.040.

9. Representative Eligible for Direct Payment

A representative who is eligible to receive direct payment of the fee is either:

  • •

    an attorney, or

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    a non-attorney whom we determine meets the prerequisites for direct payment of the fee as outlined in GN 03920.018.

For general policy on payment of representative fees, see GN 03920.016.

C. References

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    GN 03920.000 Policies and general procedures that pertain to both the fee petition and fee agreement processes.

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    GN 03940.000 Policies and procedures that pertain primarily to authorization of representatives’ fees under the fee agreement process.

  • •

    GN 03920.016 For general policy on payment of representative fees.

 

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203930001
GN 03930.001 - Fee Petition Process - Introduction and Preview - 12/18/2024
Batch run: 12/19/2024
Rev:12/18/2024