If the representative wants to be able to charge more than the maximum specified dollar
amount of the fee cap for any reason (e.g., because of the additional work anticipated
on the appeal), the representative must file a request for administrative review of
the fee amount within 15 days after the representative receives the award notice.
The claimant or SSA decision maker may also ask SSA to decrease the fee amount. If
no party requests administrative review timely, SSA will not review the fee authorization
unless the requester establishes good cause for late filing.
If the representative requests administrative review, the representative should explain,
for example: "If additional benefits are payable as a result of our appealing the
ALJ's partially favorable decision, I intend to seek approval to charge a fee greater
than the specified maximum dollar amount established by the Commissioner pursuant
to section 206(a)(2)(A) of the Social Security Act. At the conclusion of the case,
I will identify the amount I want to charge, the amount authorized before, the services
performed for the claimant (and auxiliary beneficiary(ies) (if any)) and the time
spent on each type of service."
If the representative files a timely request for administrative review:
The representative may accept the fee authorized under the approved agreement while
recognizing that the amount the representative is authorized to charge and collect
may change as a result of administrative review.
There is no statutory time limit within which SSA must act on the administrative review;
therefore, SSA will delay action on the request until it completes its action on the
After SSA completes its action on the appeal, the component that takes the last administrative
action will send the request for administrative review to the SSA official authorized
to conduct the review. (See GN 03960.005, Responsibility for Conducting Administrative Review Under the Fee Agreement Process
The reviewing official will:
notify the representative where to send a statement of time and services to support
the administrative review request, and
give the claimant and any other parties to the claim 15 days to comment on what the
representative submitted to support the request for administrative review. (Refer
to GN 03960.040C. for policy on reviewing the amount of the fee.)