See GN 03940.001 for a description of the fee agreement process. Note that:
An agreement must be submitted before the date SSA makes a favorable determination
Special procedures apply to calculating past-due benefits in concurrent title II/XVI
claims. See GN 03940.001 for instructions when a concurrent titleII/title XVI is involved.
The fee specified in the agreement may not exceed the lesser of 25% of the past-due
benefit or the specified dollar amount of the fee cap shown in GN 03940.003A.3.
GN 03920.030 and GN 03920.033 provide instructions for calculating a Title XVI and Title II representative's fee
NOTE: When the title XVI claim has been paid first, the field office must compute a fictitious
title XVI past-due benefits amount in order to determine the title XVI portion of
the total fee. This computation is done using the full unreduced
title II amounts. The SSI eComputations (eComps) application can be used to perform this fictitious
computation if it is not already shown on the SSR. Once the total fee is determined,
the software can also be used in many cases to compute the adjustment.