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Office of Analytics, Review, and Oversight

Volume I

Transmittal No. I-1-95

Chapter: I-1-2

Subject: Representative Fees


This transmittal amends several sections in Hearings, Appeals and Litigation Law (HALLEX) manual chapter I-1-2 to update and clarify information and make editorial corrections.

Explanation of Content and Changes

I-1-2-1 – We removed obsolete citations to the Federal Mine Safety and Health Act of 1977 and to 20 CFR 410.684 ff. We corrected non-working hyperlinks and made several grammatical changes throughout the section.

I-1-2-4 – We removed references to Social Security Ruling (SSR) 85-3, as SSA rescinded this ruling on September 23, 2009. We also made minor editorial changes.

I-1-2-7 – In A.3., we clarified that in concurrent claims the amount of past-due benefits is calculated after the application of title XVI offset. This contrasts with title II only claims in which we determine past-due benefits before any applicable reduction per section 1127 of the Social Security Act. We reorganized information in subsections B and C and removed subsection D, by moving relevant information to subsection B and to HALLEX I-1-2-9. We retitled subsection B “Calculating a Fee for Services” and retitled subsection C “Withholding Requirement.” We also made minor grammatical changes in subsections A and B.

I-1-2-9 – We updated the policy regarding the determining of direct payment in subsection A.1., reorganized information and removed outdated information concerning non-attorney representatives. In B.3., we removed references to outdated assessment dollar amounts and rates. We added hyperlinks and made minor grammatical changes throughout the section.

I-1-2-12 – We made minor grammatical changes throughout the sections. We added a definition of “single fee agreement” and removed outdated policy requiring that multiple representatives be from the same firm.

I-1-2-15 – We corrected a non-working hyperlink.

I-1-2-16 – In subsection C, we added a reference to section 206(a)(2)(A)(ii)(II) of the Social Security Act, and we removed a reference to HALLEX 1-1-2-16 D. In subsection D, we removed outdated policy regarding multiple representatives from the same firm. In subsections E and F, we removed references to HALLEX I-1-2-31 and I-1-2-32, as those sections no longer exist, and we replaced them with a reference to HALLEX I-1-2-25 (Fee Agreement – Approval or Disapproval). We retitled subsection E “Procedure – DDS Allows a Subsequent Application.” In subsection G, we updated the dates in the examples. We made minor grammatical changes throughout the section.

I-1-2-18 – We updated the policy regarding co-representatives who have not signed a fee agreement and have waived collection of a fee, as the prior policy was outdated. The updated language states that SSA will not include a representative when dividing the total fee by the total number of representatives if that representative has not signed the fee agreement and has waived charging and collecting a fee. We also made minor editorial changes.

Date: May 6, 2020