The representative generally selects which fee authorization process to use. The two
fee authorization processes are not interchangeable. When a representative who was
a party to an approved fee agreement also files a fee petition, we generally treat
the fee petition as the representative's request for review of the fee authorized
under the fee agreement process (see GN 03960.010). We will never authorize a fee(s) under both processes for the same case.
EXAMPLE:
After receiving a notice of favorable decision in a claim, the representative filed
a Form SSA-1560 (Petition For Authorization To Charge And Collect A Fee For Services
Before The Social Security Administration). The representative answered “yes” to item
2, indicating that they and the claimant had entered into a fee agreement as described
in GN 03930.001B.2., and they attached a copy of the fee agreement they had with the claimant to the
SSA-1560. In this example, do not process the “agreement” attached to the fee petition
document as described in GN 03940.001, as the representative did not qualify for the fee agreement process by timely submitting
a fee agreement (see GN 03930.005B.3.).