Section 206(a)(2)(A) of the Social Security Act authorizes the Commissioner to periodically
increase the maximum dollar amount that a representative(s) may specify in a fee agreement
(i.e., fee cap). This section explains how we evaluate fee agreements for claims pending
at the time we announce and implement a fee cap increase. To date, the agency has
increased the fee cap as follows:
Fee Cap Limits Since 1991 |
Period in Effect
|
Fee Cap Limit
|
Authority
|
Beginning of limits (July 1, 1991) to January 31, 2002
|
$4,000
|
Public Law 101-508, Section 5106
|
February 1, 2002 to June 21, 2009 |
$5,300
|
67 FR 2477-01
|
June 22, 2009 to November 29, 2022
|
$6,000
|
74 FR 6080-02
|
November 30, 2022 to Present
|
$7,200
|
87 FR 39157
|
The parties to a fee agreement (i.e., the claimant and representative(s)) may include
language to permit an adjustment of the agreed fee to the maximum statutory fee limit
in effect as of the day of our favorable determination or decision. Alternatively,
prior to the first favorable determination or decision, the parties may submit a revised
fee agreement to acknowledge the increased maximum fee.