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), he or she must file a request for administrative review of the fee
amount within 15 days after he or she 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, he or she 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:
He or she may accept the fee authorized under the approved agreement while recognizing
that the amount he or she 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 his or her 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 his or her request for administrative review.
(Refer to GN 03960.040C. for policy on reviewing the amount of the fee.)