Last Update: 12/9/2024 (Transmittal I-1-108)
HA 01120.004 Representative's Fees Subject to SSA's Authorization
Renumbered from HALLEX section I-1-2-4
Generally, a representative must obtain the Social Security
Administration's (SSA) authorization to charge and collect a fee for
services provided in proceedings before SSA regardless of whether,
among other things:
•
The services result in an allowance, reinstatement or
disallowance action by SSA;
•
The claimant's Title II and/or Title XVI past-due benefits
have been withheld to pay the fee; or
•
The representative assigned their fee to
an entity as described in Program Operations Manual System
(POMS) GN
03920.021.
Refer to Hearings, Appeals
and Litigation Law (HALLEX) manual HA 01120.005 for an explanation
of when representative's fees are not subject to SSA's
authorization.
SSA considers any claim, asserted right, or other issue under
Titles II, XVI, or certain portions of XVIII of the Social Security
Act to be a proceeding before SSA for fee purposes if it results in
the following:
•
An initial, revised, or reconsidered determination or
action by a field office or processing center; or
•
A decision or action by an administrative law judge
or the Appeals Council, including a decision issued after a court
remand.
For purposes of these instructions, “proceedings before
SSA” include, but are not limited to:
•
An application for social security monthly
benefits, supplemental security income payments or a lump-sum death
payment;
•
A request to establish or continue a period of
disability;
•
A request to modify the amount of
benefits;
•
A request to reinstate benefits;
•
A request to waive recovery of an overpayment or an appeal
of an overpayment waiver denial determination; and
•
A request to revise an earnings record.