SSA may modify the amount of the fee only through the administrative review process,
described in GN 03960.040, if the determination or decision about the amount of past-due benefits is not revised
the past-due benefits amount on which the fee is based was correctly calculated; or
the requester did not appeal timely, SSA has not found good cause, and reopening is
barred under the rules pertaining to administrative finality.
EXAMPLE: The representative timely requested administrative review. She stated that SSA incorrectly
calculated the past-due benefits amount and, therefore, the fee under the agreement.
The reviewer referred her request, filed during the appeals period, to a Reconsideration
Reviewer (RECONR) who subsequently issued a reconsideration determination affirming
the initial determination of the past-due benefits. Upon return of the claim(s) file,
the reviewer proceeded with administrative review following GN 03960.040C.4. and GN 03960.055B.7. The reviewer recognized that he will need to evaluate the representative's services.
Therefore, he includes in the acknowledgment letter a request that the representative
provide a detailed explanation of her services and the amount of time she spent on
the case; and that she send a copy to both the claimant and the decision maker.