I-1-2-4.Representative's Fees Subject to SSA's Authorization

Last Update: 2/25/05 (Transmittal I-1-48)

A representative, attorney or non-attorney, must obtain the Social Security Administration's (SSA's) 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 individual was ever recognized by SSA as a claimant's representative, or the individual did not deal directly with or actually contact SSA;

  • the fee is charged to or collected from the claimant or a third party (e.g., an insurance company), unless Social Security Ruling SSR 85-3 applies (see I-1-2-5 (A.)); or

  • the claimant's title II and/or title XVI past-due benefits have been withheld to pay the fee.

SSA considers any claim or asserted right under titles II, XVI or XVIII of the Social Security Act which results in the following to be a proceeding before SSA for fee purposes:

  • an initial, revised or reconsidered determination or action by a field office (FO) or processing center (PC); or

  • a decision or action by an Administrative Law Judge or an Administrative Appeals Judge.

Proceedings that require SSA's fee authorization include, but are not limited to, services in connection with:

  • an application for social security monthly benefits, supplemental security income (SSI) payment or a lump-sum death payment;

  • an application for hospital insurance benefits or supplemental medical insurance benefits;

  • 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.