Last Update: 12/9/2024 (Transmittal I-1-108)
HA 01120.051 Fee Petitions — General Policy
Renumbered from HALLEX section I-1-2-51
Generally, only the claimant's representative(s) may request a
fee. Under the fee petition process, each representative who wants to
request a fee for their services must file a fee petition. However, if
the representative has submitted a contingency fee contract (i.e., agreed
to charge and collect a fee only
if the Social Security Administration (SSA) favorably decides the
claim), and SSA's decision is unfavorable, the representative may
not then file a fee petition. In limited circumstances, an entity's
point of contact (POC) or other authorized individual may file a fee
petition to request a fee authorization for the services performed by the
representative. For information about these circumstances, see Hearings,
Appeals, and Litigation Law (HALLEX) manual HA 01120.053 A (see also Program Operations
Manual System (POMS) GN
03930.020A). For information about the assignment of fees,
including the roles and responsibilities of POCs, see GN 03920.021.
A representative, or in limited circumstances one of
the other individuals listed in HALLEX HA 01120.053 A, must file a fee petition
to obtain SSA's authorization to charge and collect a fee for services
performed on behalf of an individual filing a claim under Titles II or XVI
of the Social Security Act, if one or more of the following apply:
•
The representative and the claimant have no written fee
agreement.
•
The representative or claimant filed a fee agreement,
which the decision maker did not approve, and no proper request
for administrative review was filed, or, if there was a request for
administrative review, the reviewing official affirmed the disapproval
determination.
•
The representative or claimant filed a fee agreement,
which the decision maker approved, and subsequently, a reviewing official
reversed the approval determination.
•
The representative or claimant filed a fee agreement,
which the decision maker approved, and subsequently, SSA disapproved
because no past-due benefits resulted from the favorable determination
or decision.
•
The representative or claimant filed a fee agreement
that included a provision limiting the agreement's application to
services through a specific level of the administrative appeals
process (i.e., a two-tiered fee agreement), and the decision maker
disapproved the fee agreement because the claim was first favorably
decided after the level specified (see HALLEX HA 01120.015).
20
CFR 404.1720(e)(1) and 416.1520(e)(1)
provide that a representative does not need to petition for approval
to charge and collect a fee if an entity or government agency will pay
the fee, the claimant has no liability to pay any part of the fee, and
the representative waives the right to charge and collect a fee and any
expenses from the claimant any auxiliary beneficiaries. See HALLEX HA 01120.005, Representative's
Fees Not Subject to Authorization.
Refer to HALLEX HA 01120.001 C for policy on informing
representatives about fee regulations.