I-1-2-51.Fee Petitions — General Policy

Last Update: 12/9/24 (Transmittal I-1-108)

Generally, only the claimant's representative(s) may request a fee. Under the fee petition process, each representative who wants to request a fee for their services must file a fee petition. However, if the representative has submitted a contingency fee contract (i.e., agreed to charge and collect a fee only if the Social Security Administration (SSA) favorably decides the claim), and SSA's decision is unfavorable, the representative may not then file a fee petition. In limited circumstances, an entity's point of contact (POC) or other authorized individual may file a fee petition to request a fee authorization for the services performed by the representative. For information about these circumstances, see Hearings, Appeals, and Litigation Law (HALLEX) manual I-1-2-53 A (see also Program Operations Manual System (POMS) GN 03930.020A). For information about the assignment of fees, including the roles and responsibilities of POCs, see GN 03920.021.

A representative, or in limited circumstances one of the other individuals listed in HALLEX I-1-2-53 A, must file a fee petition to obtain SSA's authorization to charge and collect a fee for services performed on behalf of an individual filing a claim under Titles II or XVI of the Social Security Act, if one or more of the following apply:

The representative and the claimant have no written fee agreement.
The representative or claimant filed a fee agreement, which the decision maker did not approve, and no proper request for administrative review was filed, or, if there was a request for administrative review, the reviewing official affirmed the disapproval determination.
The representative or claimant filed a fee agreement, which the decision maker approved, and subsequently, a reviewing official reversed the approval determination.
The representative or claimant filed a fee agreement, which the decision maker approved, and subsequently, SSA disapproved because no past-due benefits resulted from the favorable determination or decision.
The representative or claimant filed a fee agreement that included a provision limiting the agreement's application to services through a specific level of the administrative appeals process (i.e., a two-tiered fee agreement), and the decision maker disapproved the fee agreement because the claim was first favorably decided after the level specified (see HALLEX I-1-2-15).

NOTE:

20 CFR 404.1720(e)(1) and 416.1520(e)(1) provide that a representative does not need to petition for approval to charge and collect a fee if an entity or government agency will pay the fee, the claimant has no liability to pay any part of the fee, and the representative waives the right to charge and collect a fee and any expenses from the claimant any auxiliary beneficiaries. See HALLEX I-1-2-5, Representative's Fees Not Subject to Authorization.

Refer to HALLEX I-1-2-1 C for policy on informing representatives about fee regulations.