TN 25 (06-18)

NL 00725.130 “ATY” UTIs – Attorney Fee

ATYC01 Caption

Information About  (1)  Fees

Fill-in:

(1) “Lawyer's”/“Representative's”

ATYC02 Caption

How To Ask Us To Review the  (1) 

Fill-in:

(1) “Determination On The Fee Amount”/“Determination On The Fee Agreement”

ATYC03 Caption

Information About Past-Due Benefits Withheld To Pay A Lawyer

ATY052 Attorney or Eligible Representative Not Registered with SSA

We withhold past-due benefits if the representative is a  (1)  and registers with us to receive direct fee payment. Although your representative is a  (2) , he or she did not register for direct payment before we completed our work on your claim. For that reason, we did not withhold from your past-due benefits to pay the fee we approve. Therefore, the Social Security Administration is not involved in paying the fee. This is a matter between  (3)  and the  (4) .

Fill-ins:

(1) lawyer/participant in the non-attorney direct payment demonstration project

(2) lawyer/participant in the demonstration project

(3) first and last name of number holder/you

(4) “lawyer”/“representative”

ATYR01 Attorney Fee Withheld and Paid to Lawyer

We took  (1)  out of  (2)  first check. We are paying this money to the lawyer who helped with this Social Security claim.

Fill-ins:

(1) attorney fee amount *

(2) SN

(*) indicates that the fill-in is manual

ATYR02 Fee Amount Unknown – Past-Due Benefits Unknown

We base the amount of  (1)  fee on past-due benefits, if any. As soon as we  (2)  determine the amount of benefits, we will tell you the amount of the fee  (3)  can charge.

Fill-ins:

(1) “your attorney's”/“your representative's”/“the attorney's”/“the representative's”

(2) “make a decision on your spouse's/family's/child's/children's/null claim” *

(3) “your attorney”/“your representative”/“the attorney”/“the representative”

(*) indicates that the fill-ins are manual

ATY002 Attorney Involved - Petition

When a lawyer wants to charge for helping with a Social Security claim, we must first approve the fee. We usually withhold 25 percent of past due benefits in order to pay for approved lawyer's fee.

ATYR03 Fee Agreement Subsequently Disapproved and No Past Due Benefits are Available

We wrote you before and said we had approved the fee agreement between  (1)  and the  (2) . We also said we would tell  (3)  and the  (4)  the amount of the fee he or she can charge  (5) .

We base the fee amount we allow under a fee agreement on  (6)  past-due benefits. There are no past-due benefits. Therefore, we no longer approve the fee agreement between  (7)  and the  (8) .

Even though we no longer approve the fee agreement, the  (9)  can still charge a fee for his or her services. If the  (10)  wants to charge a fee, he or she must ask us in writing to approve the fee. The  (11)  must give  (12)  a copy of his or her fee request and each attachment to the request. If the  (13)  does not want to charge a fee, he or she should tell us.

Fill-ins:

(1) Manual fill-in 1 input name of beneficiary who actually hired the attorney or representative*

(2) “lawyer”/“representative”

(3) Ms. plus BLN/Mr. plus BLN/BGN/BGN plus BLN/“you”

(4) “lawyer”/“representative”

(5) Ms. plus BLN/Mr plus BLN/BGN/BGN plus BLN

(6) “her”/ “his”/ “your”

(7) Manual fill-in 2 input name of beneficiary who actually hired the attorney or representative*

(8) “lawyer”/“representative”

(9) “lawyer”/“representative”

(10) “lawyer”/“representative”

(11) “lawyer”/“representative”

(12) “her”/ “him”/ “you”

(13) “lawyer”/“representative”

(*) indicates that the fill-in is manual

ATY003 Attorney Fees Withheld - Petition

Because a lawyer  (1)  with this claim, we withheld  (2)  from  (3)   (4)  check.

Fill-ins:

(1) “helped”/“may have helped”

(2) amount withheld

(3) “your”/“her”/“his”

(4) “first”

ATYR04 Notify a Beneficiary with a Lawyer or Representative Eligible for Direct Payment that Fee Authorization Cannot Be Released at the Time of Effectuation. (Additional Information Pending)

When a  (1)  wants to charge for helping with a Social Security claim, we must approve the fee. We usually withhold 25 percent of past-due benefits in order to pay the approved  (2)  fee. We withheld $  (3)  from  (4)  in case we need to pay  (5)   (6) .

We cannot tell you how much the  (7)  can charge at this time. When processing  (8)  claim we found we needed more information. To decide how much  (9)  benefits will be for  (10) , we need  (11)   (12)   (13) . When we get that information, we will decide the amount of  (14)  past-due benefits and send another letter telling you how much the  (15)  can charge. You can help us finish the work on  (16)  claim by taking the information to any Social Security office.

Fill-ins:

(1) “representative”

(2) “representative's”

(3) show the total fee amount withheld from all PICs/Show the single PICs fee amount withheld

(4) “the benefits due you and your family”/“your benefits”

(5) always use “the”

(6) “representative”

(7) “representative”

(8) Ms. plus BLN (possessive)/ Mr. plus BLN (possessive)/“your”

(9) “her”/“his”/“your”

(10) Month YYYY/Month YYYY and Month YYYY/Month YYYY through Month YYYY

(11) Manual fill-in 1 which can include choices A or B

A. proof of

B. more information about

(12) “her”/“his”/“your”

(13) Manual fill-in 2 which can include choices of workers' compensation benefits/public disability benefits/workers' compensation and public disability benefits/military service/date of birth/or free format reason*

(14) “her”/“his”/“your”

(15) “representative”

(16) “her”/“his”/“your”

(*) indicates that the fill-in is manual

ATY004 Fee Petition not Received/Approved and Direct Payment Not Waived

We generally must approve any fee  (1)  representative wants to charge for helping with  (2)  Social Security claim. The representative should send us a fee request when he or she has finished all work on the claim. If the representative will not charge a fee, he or she must tell us by sending a signed and dated statement.

Fill-ins:

(1) “your”/name, possessive

(2) “your”/“his”/“her”

ATYR05 Fee Agreement Amount - Auxiliary

 (1)  past-due benefits are  (2)  for  (3) . Under the fee agreement between  (4)  and the  (5) , the  (6)  cannot charge more than  (7)  for his or her work.

Fill-ins:

(1) FN possessive

(2) amount

(3) month and year/month and year through month and year

(4) person that signs the fee agreement*

(5) “lawyer”/“representative”

(6) “lawyer”/“representative”

(7) money amount *

(*) indicates that the fill-ins are manual

ATY005 Attorney Fees Withheld - Petition

When the amount of the fee is decided, we will pay the lawyer from the benefits we withheld.

ATY006 Attorney Fees Withheld - Petition

If the approved fee is more than the money we have withheld, the Social Security Administration is not involved in paying the rest of the fee.

ATYR06 Notify a Beneficiary with Representative that Fee Authorization Cannot be Released at Time of Effectuation. (WC/PDB Decision or Appeal of a Denied WC/PDB Claim is Pending)

When a representative wants to charge for helping with a Social Security claim, we must approve the fee.

We cannot tell you how much the representative can charge at this time. When processing  (1)  claim we found we needed more information. To decide how much  (2)  benefits will be for  (3) , we need  (4)   (5)   (6) . When we get that information, we will decide the amount of  (7)  past-due benefits and send another letter telling you how much the representative can charge. You can help us finish the work on  (8)  claim by taking the information to any Social Security office.

Fill-ins:

(1) Ms. plus BLN (possessive)/Mr. plus BLN (possessive)/“your”

(2) “her”/“his”/“your”

(3) Month YYYY/Month YYYY and Month YYYY/Month YYYY through Month YYYY

(4) Manual fill-in 1 which can include choices A or B

A. proof of

B. more information about

(5) “her”/“his”/“your”

(6) Manual fill-in 2 which can include choices of workers' compensation benefits/public disability benefits/workers' compensation and public disability benefits/military service/date of birth/or free format reason*

(7) “her”/“his”/“your”

(8) “her”/“his”/“your”

(*) indicates that the fill-in is manual

ATY007 Fee Withholding Information - Petition

If the approved fee is less than the money we have withheld, we will send  (1)   (2) .

Fill-ins:

(1) SN

(2) “the rest of the money”

ATY008 Attorney Appointment Questionable Award

We need more information to decide whether a lawyer represents  (1)  in  (2)  claim for Social Security benefits. We will contact you for this information.

Fill-ins:

(1) SN

(2) “your”/“her”/“his”

ATY009 Attorney Representation Questionable

We need more information to decide whether a lawyer represents  (1)  After we decide this, we will let you know if  (2)   (3)  due any of the money we have withheld.

Fill-ins:

(1) Beneficiary's full name

(2) SN

(3) “is”/“are”

ATY010 Non-Attorney Representative, Fee Not Waived, Award

Your representative must receive approval from the Social Security Administration before a fee can be charged. If the representative wants to charge a fee, a request for approval must be sent to us as soon as all work for  (1)  is finished. If no fee will be charged, we should also be told right away.

Fill-in:

(1) SN

ATY011 Address for Sending Fee Petition

Any request for fee approval should be sent to:  (1) 

Fill-in:

(1) Address to which petition is sent

ATY012 Attorney Waived Option to Direct Payment

However, the lawyer has asked us to send all past due benefits to  (1) .

Fill-in:

(1) “you”/“her”/“him”

ATYR12 Explanation of Withholding - Auxiliary

Because of the law, we usually withhold 25 percent of the total past-due benefits to pay an approved lawyer's fee. We withheld $  (1)  from  (2)  past-due benefits to pay  (3)  lawyer.

Fill-ins:

(1) money amount

(2) “your”/name, possessive

(3) “the”

ATY013 Attorney has not Waived Fee, No Past Due Benefits

However, there are no past due benefits available to be paid to the lawyer.

ATY014 Attorney Waived Fee, Award

However, the lawyer has told us that no fee will be charged for services on this Social Security claim. For this reason, no past due benefits have been withheld to pay the lawyer.

ATYR15 Disapproval of Fee Agreement

We cannot approve the fee agreement between you and your  (1)  because  (2) . Even though we cannot approve the fee agreement, your  (3)  can still charge you a fee for his or her services. If your  (4)  wants to charge a fee, he or she must ask us in writing to approve the amount of the fee. Your  (5)  must give you a copy of his or her fee request and each attachment to the request. If your  (6)  does not want to charge a fee, he or she should tell us.

Fill-ins:

(1) “lawyer”/“representative”

(2) Manual fill-in 1, choice of A through I:

(A) we did not get a written agreement before we decided your claim.

(B) both you and your (representative/lawyer) did not sign the agreement.

(C) it sets a fee amount that is more than 25 percent of past-due benefits or $6000.00.

(D) there are no past-due benefits. We base the fee amount we allow under a fee agreement on your past-due benefits. Since we do not owe you any past-due benefits, we cannot approve the fee agreement.

(E) you appointed more than one representative from a law firm or other business, and all representatives did not sign a single fee agreement (unless the representative(s) who did not sign waived any fee in your case).

(F) you appointed representatives who are not members of the same law firm or other business (unless the representative(s) from the other law firm or business waived any fee in your case).

(G) you discharged a representative, or a representative withdrew from the case, before we favorably decided the claim unless the former representative waived any fee in your case).

(H) your representative died before we issued the favorable decision.

(I) you were declared legally incompetent by a State court and your guardian did not sign the fee agreement.*

(3) “lawyer”/“representative”

(4) “lawyer”/“representative”

(5) “lawyer”/“representative”

(6) “lawyer”/“representative”

(*) indicates that the fill-in is manual

ATY016 Explanation of Attorney Fee Assessment (With Cap)

We are paying the  (1)  from the benefits we withheld. Therefore, we must collect a service charge from him or her. The service charge is 6.3 percent of the fee amount we pay, but not more than $93, which is the most we can collect in each case under the law. We will subtract the service charge from the amount payable to the  (2) .  (3) 

The  (4)  cannot ask you to pay for the service charge. If the  (5)  disagrees with the amount of the service charge, he or she must write to the address shown at the top of this letter. The  (6)  must tell us why he or she disagrees within 15 days from the day he or she gets this letter.

Fill-ins:

(1) “representative”

(2) “representative”

(3) After we subtract the amount we are paying towards the fee, we will send you the balance of the amount we withheld/NULL

(4) “representative”

(5) “representative”

(6) “representative”

ATY018 Non-Attorney Representative, Fee Waived, Award

Your representative told us that a fee will not be charged. If a fee is charged, your representative must receive approval from the Social Security Administration.

ATYR20 Fee Amount – Number Holder Only – Delayed Auxiliary Claims Pending or Expected

We base the amount of the  (1)  fee on the total past-due benefits for you and your family. Your past-due benefits are

$  (2)  for  (3) . Under the fee agreement, the  (4)  can charge you $  (5)  for his or her work. As soon as we make a decision on your family's claim(s) and decide the amount of their past-due benefits, we will tell them if the  (6)  can charge an additional fee. We also will say how much that fee amount will be.

The amount of the fee for your and your family's claim(s) does not include any out-of-pocket expenses (for example, costs to get copies of doctors' or hospitals' reports). This is a matter between you and the  (7) .

Fill-ins:

(1) “lawyer's”/“representative's”

(2) Show amount of the N/H's past-due benefits in format “$$$$.¢¢”

(3) MM/YYYY or MM/YYYY through MM/YYYY

(4) “lawyer”/“representative”

(5) Show amount of the fee in $$$$.¢¢ format.

(6) “lawyer”/“representative”

(7) “lawyer”/“representative”

ATYR22 Fee Amount – Number Holder and Non-Delayed Auxiliary Beneficiary(ies) – Delayed Auxiliary Claims Pending or Expected

We base the amount of the  (1)  fee on the total past-due benefits for you and your family. Your past-due benefits are $  (2)  for  (3) .  (4)  past-due benefits are $  (5)  for  (6) . Under the fee agreement, the  (7)  can charge you and  (8)  $  (9)  for his or her work. As soon as we make a decision on your  (10)  and decide the amount of the past-due benefits, we will tell  (11)  if the  (12)  can charge an additional fee. We also will say how much that fee amount will be.

The amount of the fee for your and your family's claim(s) does not include any out-of-pocket expenses (for example, costs to get copies of doctors' or hospitals' reports). This is a matter between you and the  (13) .

Fill-ins:

(1)

Choice 1 - lawyer's

Choice 2 - representative's

(2) The amount of the N/H's past-due benefits in $$$$.¢¢ format.

(3)

Choice 1 - MM/YYYY

Choice 2 - MM/YYYY through MM/YYYY

(4)

Choice 1 - (current action involves only one auxiliary beneficiary) - insert possessive case of name of auxiliary beneficiary, in the format First Name, Last Name. Example: Henry James.

Choice 2 - (current action involves two or more auxiliary beneficiaries) - insert possessive case of names of auxiliary beneficiaries, in the format First Name, Last Name, (separated by commas and/or “and,” as appropriate). Example: Henry James, William Jones, and Alice James. *

(5) The amount of the non-delayed auxiliary beneficiary's (ies') past-due benefits *

(6)

Choice 1 – MM/YYYY

Choice 2 - MM/YYYY through MM/YYYY

(7)

Choice 1 - lawyer

Choice 2 - representative

(8)

Choice 1 - (current action involves only one auxiliary beneficiary) - insert name of auxiliary beneficiary, in the format First Name, Last Name. Example: Henry James.

Choice 2 - (current action involves two or more auxiliary beneficiaries) - insert names of auxiliary beneficiaries, in the format First Name, Last Name, (separated by commas and/or “and,” as appropriate). Example: Henry James, William James, and Alice James. *

(9) The amount of the fee based on total past-due benefits for the N/H's claim and any non-delayed auxiliary claims *

(10)

Choice 1 - spouse's claim

Choice 2 - other child's claim

Choice 3 - other children's claims

Choice 4 - spouse's and other child's claims

Choice 5 - spouse's and other children's claims *

(11)

Choice 1 - him

Choice 2 - her

Choice 3 - them *

(12)

Choice 1 - lawyer

Choice 2 - representative

(13)

Choice 1 - lawyer

Choice 2 - representative

(*) indicates that the fill-ins are manual

ATY023 Auxiliary's Past-Due Benefit (s) Withheld – SSI Pending

We also withheld  (1)  from  (2)  family's past-due benefits.

Fill-ins:

(1) legal payment deduction amount

(2) “your”/“her”/“his”

ATY079 Claim is Denied and No Fee Agreement Type is Present

 (1)   (2)  must ask us for approval before charging a fee. If  (3)   (4)  wants to charge a fee, a request for approval must be sent to us as soon as all work on this case for  (5)   (6)  is finished.

Fill-ins:

(1) SN possessive

(2) “lawyer”/“representative”

(3) SN possessive

(4) “lawyer”/“representative”

(5) SN

(6) null

ATY080 Attorney/Non-Attorney Representation Questionable, Disallowance

An attorney or other representative must ask us for approval before charging a fee. If  (1)  a representative who wants to charge a fee, a request for approval must be sent to us as soon as all work on this case is finished. If no fee will be charged, we should also be told right away. If the fee is approved, the Social Security Administration will not be involved in paying the fee.

Fill-in:

(1) “you have”/“she has”/“he has”

ATY081 Non-Attorney/Attorney Fee Waived, Disallowance

 (1)  has told us that a fee will not be charged for helping  (2)   (3)  with  (4)  claim.

Fill-ins:

(1) attorney name/representative name

(2) SN

(3)

“and [3a] family members”/null

[3a] “your”/“her”/“his”

(4)

ATY800 Fee Agreement Approval – Number Holder

We have approved the fee agreement between you and your  (1) .

Fill-in:

(1) “lawyer”/“representative”

ATY801 Fee Agreement Approval - Auxiliary

When  (1)  filed  (2)  claim for benefits,  (3)  used a  (4)  to help with the claim. We have approved a fee agreement between  (5)  and  (6)   (7) . The  (8)  work involved the benefits of everyone on the record.

Fill-ins:

(1) beneficiary name

(2) “your”/“her”/“his”

(3) “you”/“she”/“he”

(4) “lawyer”/“representative”

(5) beneficiary name

(6) “the”

(7) “lawyer”/“representative”

(8) “lawyer's”/“representative's”

ATY804 Fee Agreement Amount – Number Holder

 (1)  past-due benefits are  (2)  for  (3) . Under the fee agreement, the  (4)  cannot charge you more than  (5)  for his or her work. The amount of the fee does not include any out-of-pocket expenses (for example, costs to get copies of doctors or hospitals reports). This is a matter between you and your  (6) .

Fill-ins:

(1) “Your”/FN possessive

(2) money amount

(3) month and year/month and year through month and year

(4) “lawyer”/“representative”

(5) pending fee amount

(6) “lawyer”/“representative”

ATY808 Procedure for Review of Fee Under Fee Agreement – Number Holder

You, the  (1)  or the person who decided your case can ask us to review the amount of the fee we say the  (2)  can charge.  (3) 

If you think the amount of the fee is too high, write us within 15 days from the day you get this letter. Tell us that you disagree with the amount of the fee and give your reasons. Send your request to this address:

Social Security Administration
Office of Hearings Operations
Attorney Fee Branch
5107 Leesburg Pike,
Falls Church, Virginia 22041-3255

The  (4)  also has 15 days to write us if he or she thinks the amount of fee is too low.  (5) 

If we do not hear from you or the  (6) , we will assume you both agree with the amount of the fee shown.

Fill-ins:

(1) “lawyer”/“representative”

(2) “lawyer”/“representative”

(3) “Your family members who have filed claims on your Social Security number (SSN) also may ask us to review the amount of the fee.”/null

(4) “lawyer”/“representative”

(5) “null”

(6) “lawyer”/“representative”

ATY809 Procedure for Review of Fee Under Fee Agreement - Auxiliary

You,  (1) , the  (2)  or the person who decided your case can ask us to review the amount of the fee we say the  (3)  can charge.

If you think the amount of the fee is too high, write us within 15 days from the day you get this letter. Tell us that you disagree with the amount of the fee and give your reasons. Send your request to this address:

Social Security Administration
Office of Hearings Operations
Attorney Fee Branch
5107 Leesburg Pike,
Falls Church, Virginia 22041-3255

The  (4)  also has 15 days to write us if he or she thinks the amount of fee is too low.  (5) 

If we do not hear from you or the  (6) , we will assume you both agree with the amount of the fee shown.

Fill-ins:

(1) Beneficiary name

(2) “lawyer”/“representative”

(3) “lawyer”/“representative”

(4) “lawyer”/“representative”

(5) “If we withheld past-due benefits to pay your lawyer's fee, we will not pay the fee until 15 days pass and no one asks us to review the amount of the fee.”/null

(6) “lawyer”/“representative”

ATY816 Attorney Responsibilities – Fee Agreement Disapproved

If your lawyer wants us to pay the fee from your withheld benefits, he or she must ask us to approve the fee within 60 days of the date of this letter.

If your lawyer:

Is finished working on this case and wants to charge a fee, he or she should ask us to approve the amount of the fee right away.

Is not finished working on this case and wants to charge a fee, he or she must tell us within 60 days of the date of this letter that he or she will ask for a fee.

Does not want to charge a fee or does not want us to pay the fee from the benefits we withheld, he or she should tell us right away.

ATY817 Review of Determination on Fee Agreement

You or the  (1)  can ask us to review the determination on the fee agreement. If you decide to ask us for a review, write us within 15 days from the day you get this letter. Tell us that you disagree and give your reasons. Send your request to this address:

Social Security Administration
Office of Hearings Operations
Attorney Fee Branch
5107 Leesburg Pike
Falls Church, Virginia 22041-3255

The  (2)  also has 15 days to write us if he or she does not agree with the determination on the fee agreement.

Fill-ins:

(1) “lawyer”/“representative”

(2) “lawyer”/“representative”

ATY825 Fee Agreement Amount – Concurrent Title II/Title XVI – Additional Fee for Title XVI Claim – Number Holders Only

If we approve your claim for SSI, the  (1)  may be able to charge an additional amount for his or her work. We will send you another letter about SSI telling you the additional amount of the fee, if any, he or she can charge.

Fill-ins:

(1) “lawyer”/“representative”

ATY834 Fee Agreement Amount – Number Holder and Family

 (1)  past-due benefits are  (2)  for  (3) .  (4)  family's past-due benefits are  (5)  for  (6) . Under the fee agreement, the  (7)  cannot charge  (8)  and  (9)  family more than  (10)  for his or her work. The amount of the fee does not include any out-of-pocket expenses (for example, costs to get copies of doctors' or hospitals' reports). This is a matter between you and the  (11) .

Fill-ins:

(1) “Your”/FN possessive

(2) money amount

(3) month and year/month and year through month and year

(4) “your”/“her”/“his”

(5) money amount

(6) month and year/month and year through month and year

(7) “lawyer”/“representative”

(8) “you”/SN

(9) “your”/“her”/“his”

(10) the total fee amount

(11) “lawyer”/“representative”

ATY836 Explanation to the Beneficiary About the Withholding of Representative Fees from Past-Due Benefits

Based on the law, we must withhold part of past-due benefits to pay an appointed representative. We cannot withhold more than 25 percent of past-due benefits to pay an authorized fee. We withheld  (1)  from  (2)  past-due benefits to pay  (3)  representative.

Fill-ins:

(1) money amount

(2) “Mr.” plus BLN possessive/“Ms.” plus BLN possessive/null plus BGN possessive/null plus FN possessive/“your”

(3) “the”

ATY838 Explanation of Withholding – Fee Agreement – Amount Withheld Greater than Fee Amount – SSI Pending – Number Holder's Family

Because of the law, we usually withhold 25 percent of the total past-due benefits to pay an approved lawyer's fee. We withheld  (1)  from  (2)  past-due benefits to pay  (3)  lawyer. We also withheld  (4)  from  (5)  family's past-due benefits. We base the amount of the fee  (6)  lawyer can charge on the total past-due benefits due  (7)  and  (8)  family.

Fill-ins:

(1) money amount

(2) “your”/name, possessive

(3) “the”

(4) money amount

(5) “your”/“her”/“his”

(6) “the”

(7) “you”/name

(8) “your”/“her”/“his”


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0900725130
NL 00725.130 - "ATY" UTIs - Attorney Fee - 01/04/2018
Batch run: 06/12/2018
Rev:06/12/2018