I-1-2-56.Fee Petition — Initial Processing Procedures

1. Associate with the Claim(s) File

Date the form or statement with the receipt date and associate it with the claim(s) file.

2. Screen the Fee Petition

• Confirm that a proper party filed the fee petition, referring to HALLEX I-1-2-53 A for who may file a fee petition. If a proper party did not file the petition, return the document to the filer with a copy to the representative and include a message alerting the representative that we will take no action until they submit a fee petition personally.

• Review the petition for omissions. Ask the representative to provide omitted information within 15 days of the date of your request. Explain that if we do not receive it, we may process the petition based on the information supplied.

• Proceed to B. unless subsections A.3., A.4., A.5., or A.6., below apply.

3. Respond to Prematurely Filed Fee Petition

When the information in the petition or the claim(s) file indicates that services are continuing, ask the representative whether the representative's services have ended.

• If the representative is not providing services for which the representative plans to charge and collect a fee, prepare a report for the file and proceed with the evaluation unless subsection A.4. or A.5. below applies.

• If the representative is still providing services for which the representative plans to charge and collect a fee, take the following actions:

  1. Prepare a letter to the representative explaining that:

     • We are returning the fee request because the representative's services have not ended;

     • Although we did not consider it, the representative may file a new request after services are complete, using the enclosed Form SSA-1560or other writing; and

     • 20 CFR 404.1725(a) and 20 CFR 416.1525(a) explain when and how to request a fee for social security and supplemental security income cases, respectively.

  2. Enclose both the prematurely filed fee petition and a blank SSA-1560.

  3. Send the letter to the representative and a copy to the claimant.

4. Provide a Copy of the Petition When Necessary

Presume that the representative provided the claimant with a copy of the fee petition, unless there is evidence to the contrary.

Example: If the claimant did not complete and sign the lower portion of the form showing the claimant agrees with the fee amount requested, this would indicate that the claimant had not received a copy of the fee petition.

In the limited circumstance where a POC or another individual may file a fee petition, do not presume that the individual provided the claimant with a copy of the fee petition.

If the information in the record suggests that the claimant was not provided with a copy of the fee petition, take the following actions.:

• Prepare a letter to the claimant explaining that we have enclosed a copy of the representative's fee request, or the other individual's request (explaining that the POC or other individual filed it on behalf of the deceased representative); that the claimant should let us know within 20 days if the claimant disagrees with the fee requested or any information shown; and that we will not consider the request further until the claimant has had this opportunity to comment.

• Enclose a copy of the fee petition and any attachments, and a self-addressed envelope.

• Send the letter to the claimant and a copy to the representative POC, or executor or legal representative of a deceased representative's estate if they filed the fee petition.

• Diary the case for 30 days to allow mailing time.

5. Develop as Necessary

Initiate any necessary development through direct contact with the representative, POC, or executor or legal representative of a deceased representative's estate, where applicable.

Example: A representative files a fee petition requesting a fee for legal services in settling an estate, prosecuting an action in State court, and representing the claimant before SSA. You ask the representative to clarify what amount the representative is requesting for services provided in connection with the proceedings before SSA.

6. Provide Notice of Expected Delay

If you do not expect to respond within 60 days of receipt, advise the person who filed the fee petition. When appropriate, combine this status letter with a request for additional information.

Example: The claimant's legal guardian filed the fee petition requesting SSA to authorize a fee for representation. You plan to defer evaluating the petition until the guardian submits a copy of the State court's action. You should inform the person who filed the petition of the plan to defer evaluating the petition.