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

TN 35 (12-24)

GN 03930.020 Petitioning for a Fee for Services Provided in Proceedings Before Us

A. Who May File?

The representative may file a fee petition unless:

  • •

    the representative was previously authorized to receive a fee for services on that claim, matter, or issue based on an approved fee agreement, and we did not subsequently reverse or disapprove that fee agreement, or

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    the representative submitted a contingency fee contract (i.e., agreed to charge and collect a fee only if we favorably decided the claim, matter, or issue) and the decision is unfavorable.

Although we will not return the fee petition in these situations, fee authorizers must not authorize any fee in response to the fee petition.

A representative cannot submit multiple fee petitions for the same services on a single case, even if additional past-due benefits become payable. Former representatives may file fee petitions only when they did not waive their fees.

In limited circumstances, we will accept a fee petition from an individual other than the representative. If a representative dies before filing the fee petition, and there was no valid assignment, the executor or other legal representative of the estate may file the fee petition. However, if a representative dies before filing a fee petition but after assigning direct payment to an entity, only the entity’s point of contact (POC) (and not the executor or other legal representative of the estate) may file a fee petition for the services performed by the representative. For more information, see GN 03930.020D.5. in this section. See GN 03920.021 for further information about the assignment of direct payment of authorized fees to an entity, including the roles and responsibilities of POCs. In these situations, the executor or other legal representative of the estate or the POC must follow the same rules that apply to individual representatives filing fee petitions.

IMPORTANT: Except in the limited circumstances explained in this subsection, the representative must file the fee petition personally and we will not authorize fees based on fee petitions submitted by any other individual or entity on behalf of the representative, including submitters with a power of attorney. We will return those fee petitions to the representative(s), and we will inform the representative(s) that we will not take any action until they submit a fee petition personally.

B. Multiple Individuals Provided Services

1. Representative's Unappointed Associate Provided Services

A representative may delegate certain tasks to an unappointed associate whom the representative supervises and directs, as explained in GN 03910.025B. The representative files a single fee petition that may include the services of the unappointed associate. Refer to GN 03910.025B and GN 03305.025 for instructions about disclosing a claimant's record to such associates.

2. Co-Representation

A claimant may appoint multiple representatives (refer to GN 03910.040). An agreement between the representatives about the fee does not control our fee authorization under the fee petition process. Each representative must file a separate fee petition to obtain our approval of any fee for services performed.

C. Services Provided to Multiple Individuals

A representative who provided services for multiple parties in the same case may file a single fee petition for all the representational services they provided in the case. For example, in a Title II claim, the representative may file a single fee petition for the primary claimant and any auxiliary beneficiary. We require a separate fee petition for any auxiliary beneficiary only when that individual was independently represented. In a Title XVI claim, the representative may file a single fee petition for the claimant and the eligible spouse. We require a separate fee petition for the claimant’s eligible spouse only when the spouse was independently represented.

D. Filing the Fee Petition

1. Format of Petition

a. Form SSA-1560

A representative may petition for fee approval using Form SSA-1560, "Petition For Authorization To Charge And Collect A Fee For Services Before The Social Security Administration." Currently, the Form SSA-1560 is formatted only for use by individual representatives. Other individuals, in the limited circumstances described in GN 03930.020A in this section, must use another writing when filing a fee petition on behalf of an individual representative.

b. Another Written Form

A representative, or other individual in the limited circumstances explained in GN 03930.020A, may also petition for fee approval by providing the required information in writing, as detailed in GN 03930.020D.3. and GN 03930.020D.4.

2. Fee Petition for Concurrent Case

A representative files one fee petition covering all services they provided in connection with both the Titles II and XVI programs when all of the following circumstances apply:

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    The concurrent Titles II and XVI claims, or post-entitlement or post-eligibility (PE) actions, involved a common substantive issue (e.g., disability);

  • •

    Although some services may have been unique to the Title II claim, the Title XVI claim, or the PE action, most of the representative's services focused on resolving the common issue, and the representative did not perform different sets of services; and

  • •

    The services the representative provided led to favorable determinations or decisions under both titles.

3. Information Required for Fee Petition

The representative or other individual listed in GN 03930.020A in this section, in the event of the representative's death, must furnish all of the following information in the petition:

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    The dates services began and ended;

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    The services provided (e.g., preparation of correspondence, research, travel, and attendance at the hearing);

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    The amount of time spent on each type of service;

    EXAMPLE:

    Date

    Service Provided

    1/3/18

    Meeting with client (.5 hr.)

    1/7/18

    Telephone calls with client and claims representative (.25 hr.)

    1/8/18

    Preparation of brief (1.75 hr.)
  • •

    The amount of the fee the representative wants to charge for the services;

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    The amount of the fee the representative has received or wants to request or charge for services provided in the same matter before any State or Federal court;

    NOTE 1: To facilitate the fee petition process and ensure compliance with agency rules and regulations, we encourage representatives to provide the amount of money, if any, the representative received, or expects to receive, toward payment of the fee from a third party, or from the claimant, and whether any money received from a third party or from the claimant is held in a trust or escrow account.

  • •

    A list, including the amounts, of any expenses the representative incurred for which they have been paid or expect to be paid; and

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    A statement affirming that the representative sent a copy of the petition and any attachments to the claimant.

    NOTE 2: In the limited circumstances when an individual other than the representative files the fee petition (see subsection A), this requirement is especially important because the individual alleging services provided and expenses incurred may not have direct knowledge of the representational services provided in the case.

    NOTE 3: For non-attorney representatives, we may request a description of the special qualifications that enabled the representative to provide the claimant with valuable help with their claim.

  • •

    If the representative has died, the POC or other individual listed in GN 03930.020A must submit proof of the representative's death with the fee petition.

4. Fee Request from a Legal Guardian Representative

As GN 03920.010 explains, a representative who is also a legal guardian, committee, conservator, or other State court-appointed representative also must furnish copies of:

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    the fee request to the State court;

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    the accounting to the State court; and

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    either the State court's declination to order a fee, or the State court's order(s) of fees for their services as legal guardian during the same period in which the representative provided services in proceedings before us.

We will require this information whether the representative used Form SSA-1560 or another written form.

5. The Death of a Representative

If a representative who was eligible for and requested direct payment filed their fee petition but died before we make direct payment to the representative, we will issue the payment to the deceased representative’s estate. If the representative validly assigned direct payment to an entity before their death, we will issue the payment to the assigned entity. If the deceased representative was ineligible for, or waived their right to, direct payment, we will notify the executor of the deceased representative's estate, or the individual recognized by the State as the representative of the estate, that they must look to the claimant for payment of any authorized fee.

If the representative dies before filing a fee petition and did not validly assign direct payment of their fee to an entity as per GN 03920.021, only the executor of the representative's estate, or the individual recognized by the State as the representative of the estate, may file the fee petition to request authorization of a fee for services the deceased representative provided to the claimant in proceedings before us. We will authorize the fee and certify payment to the deceased representative's estate.

If the deceased representative validly assigned direct payment of an authorized fee to an entity before their death, the entity's POC may file a fee petition to request a fee authorization for the services performed by the representative. We will authorize the fee and certify payment to the entity.

6. When to File

a. General

The representative files the fee petition only after completion of services for the claimant and any auxiliary beneficiaries in a Title II claim or the claimant and the claimant’s eligible spouse in a Title XVI or XVI couples claim. If the representative assisted a claimant in both obtaining a partially favorable determination or decision and in appealing the unfavorable aspects of that determination or decision, the representative's services do not end until the appealed issues are resolved, or the representative's appointment terminates for another reason (see GN 03910.060). A representative whose services have ended may file the petition before we effectuate a determination or decision (GN 03910.060 discusses when a representative's appointment ends).

b. Direct Payment Consideration

While representatives are encouraged to file fee petitions as soon as their services have ended, there is no time limit for filing a fee petition. However, to obtain direct payment of all or part of an authorized fee from withheld past-due benefits, a representative who is eligible for direct payment must file the petition, or a written notice of the intent to petition, within 60 days of the date we mail the notice of the first favorable determination or decision. The same time limit applies if the POC or other individual listed in GN 03930.020A is filing in the event of a representative's death. This requirement ensures that we do not erroneously release past-due benefits withheld to pay the representative's fee. Refer to GN 03920.016 and 03930.001C.7. for more information.

EXAMPLE: There are multiple claims on one account, but the representative does not expect to complete their services and petition for a fee within 60 days of the date we mail the notice of the first favorable determination. To obtain direct payment of an authorized fee, the representative should file (within the 60-day period) a written notice of intent to petition for a fee when their services have ended.

If a representative filed their fee petition or intent to file before the determination or decision was issued (i.e., because their services ended before the favorable determination or decision was issued), we will consider their fee petition timely but fee authorizers will delay their evaluation of the fee petition and authorization of any fee until the administrative proceedings on the claimant’s case are complete (e.g., we issue a fully favorable decision or the time limit for appealing an unfavorable determination expires).

7. How to File

The representative must give the claimant a copy of the petition and any attachments before filing the original with the appropriate office listed in GN 03930.020D.8.

The representative may use Form SSA-1560 or another writing as described earlier in GN 03930.020D1. After completing the document, the representative will:

  • •

    send the claimant a copy,

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    file the original with us by mail by following the instructions provided in GN 03930.020D.8., and

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    retain a copy for their records.

8. Where to File

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    If a Federal court issues a favorable judgement, the claim is resolved by the Appeals Council, or the claim is pending at the Office of Appellate Operations (OAO) when the representative's services end, the representative must send the petition for fees for services performed before us to:

    Social Security Administration

    Office of Appellate Operations

    ATTN: Attorney Fee Branch

    6401 Security Blvd

    Baltimore, MD 21235-6401
  • •

    If an administrative law judge (ALJ) resolves the claim, the representative must send the petition to the ALJ, using the hearing office address on the decision. If the claim is pending at the Office of Hearings Operations when the representative's services end, the representative must send the petition to the hearing office where the request for hearing was pending at the time the representative's services ended.

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    If we resolve a Title II only or concurrent Titles II and XVI claim at the initial or reconsideration level, the representative must send the petition to the mailing address of the processing center (PC) that appears on the claimant's Title II notice (e.g., the notice of award or notice of disapproved claim). If one of these claims is pending at the initial or reconsideration level when the representative's services end, the representative must send the petition to the servicing PC. For information about the claims routing and PC jurisdiction, see GN 01050.075.

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    If we resolve a Title XVI only claim at the initial or reconsideration level, or if the claim is pending at the initial or reconsideration level when the representative’s services end, the representative must send the petition to the servicing field office (FO).

    NOTE: 

    The servicing FO will forward the fee petition and the Title XVI claim file (if there is a paper file) to the servicing PC. For authorization of the fee and routing, refer to:

    • •

      GN 03930.015 - Responsibility for Authorizing Fees Under the Fee Petition Process for Services Provided in Proceedings Before SSA - Jurisdiction

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203930020
GN 03930.020 - Petitioning for a Fee for Services Provided in Proceedings Before Us - 12/18/2024
Batch run: 12/18/2024
Rev:12/18/2024