Office of Hearings and Appeals

Volume I

Transmittal No. I-1-48

Chapter: I-1-2

Subject: Representative Fees


On March 2, 2004, the President signed into law the Social Security Protection Act of 2004 (SSPA) (Public Law 108-203). Section 302 of the SSPA amended section 1631(d)(2) of the Social Security Act by extending the current title II attorney fee withholding process to title XVI for a period of five years. In addition, section 303 of the SSPA authorized a five-year demonstration project to allow non-attorneys the option of fee withholding under both title II and title XVI. These provisions are effective commencing February 28, 2005.

Explanation of Content and Changes

This transmittal updates appropriate sections of Chapter I-1-2 to incorporate and reflect the provisions of the SSPA that relate to the direct payment of fees to non-attorneys under title II and title XVI, and the direct payment of fees to attorneys under title XVI.

Section I-1-2-7 (Past-Due Benefits) has been revised by adding a note to B and C advising of the change in law effective February 28, 2005.

Section I-1-2-9 (Direct Payment of Fees to Representative) has been revised to delete references to “attorney” representatives and provide definitions of “Representative Eligible to Receive Direct Fee Payment” and “Representative Ineligible for Direct Payment”. Information regarding sections 302 and 303 of the SSPA has been added in subsection I-1-2- 9 A., B. and C.

Section I-1-2-58 C (Distribute Form SSA-1560A-U5 and related Documents) has been revised to advise that in title XVI only claims, as well as concurrent title II/XVI claims, the field office (FO) copy of the SSA-1560A should be sent to the appropriate FO.

Section I-1-2-71 (Attorney's Fee for Representation in Proceedings Before a Court) has been revised to reflect that, effective February 28, 2005, the fee withholding process is extended to title XVI.

Corresponding changes have been made as necessary throughout other sections to change “attorney” to “representative”, to replace the term “representative who is an attorney” with “representative who is eligible to receive direct fee payment” and to reflect that the representative fee withholding process has been extended to title XVI.

Date: February 25, 2005