I-1-2-117.Exhibit - Fee Agreement Recommendation in Subsequent Application Case

Last Update: 9/9/04 (Transmittal I-1-47)

Claimant's Name __________________________________________

Claim Number ____________________________________________

Representative's Name ______________________________________

FEE AGREEMENT RECOMMENDATION

I reviewed any appointment of representative and fee agreement in both the prior and subsequent application files, and any fee agreement approval or disapproval in the subsequent application.

[Select all items that apply and check the basis or bases for the action, as necessary.]

  • I. Take no action on the fee agreement in the prior application. A fee agreement was [Choose one: approved/disapproved] in the subsequent application. No representative who did not sign the disapproved fee agreement was appointed in the application before the ALJ/AC.

  • II. Approve or Disapprove Fee Agreement

    • The fee agreement meets the conditions for approval and none of the exceptions apply.

    • The fee agreement does not meet the condition(s) for approval because:

      • The Social Security Administration did not receive the written fee agreement before making the favorable decision.

      • The claimant and his or her representative(s) (all) did not sign the fee agreement.

      • It sets a fee that is more than the lesser of 25 percent of the past-due benefits or $6,000 (e.g., the agreement sets a minimum fee).

      • The fee agreement is excepted from the process because one or more the following exception(s) apply:

        • Considering the appointments of representative in both applications, the claimant appointed more than one representative from a law firm or other business; all representatives did not sign a single fee agreement; and the representative(s) who did not sign the fee agreement, did not waive charging and collecting a fee.

        • Considering the appointments of representative in both applications, the claimant appointed representatives who are not members of the same law firm or other business, and the representative(s) from the other firm(s) or business(es) did not waive charging and collecting a fee.

        • Considering the appointments of representative in both applications, the claimant discharged a representative or a representative withdrew from the case, before the claim was favorably decided, and that representative did not waive charging and collecting a fee.

        • The representative died before SSA issued a favorable decision.

        • A State court declared the claimant legally incompetent and the claimant's legal guardian did not sign the agreement.

    I prepared for the AAJ's signature, an Appeals Council Order based on the above.

  • III. Rescind fee agreement approval dated [Date of approval of fee agreement in subsequent application]

    • The fee agreement does not meet the condition(s) for approval because:

      • The Social Security Administration did not receive the written fee agreement before making the favorable decision.

      • The claimant and his or her representative(s) (all) did not sign the fee agreement.

      • It sets a fee that is more than the lesser of 25 percent of the past-due benefits or $6,000 (e.g., the agreement sets a minimum fee).

      • The fee agreement is excepted from the process because one or more the following exception(s) apply:

        • Considering the appointments of representative in both applications, the claimant appointed more than one representative from a law firm or other business; all representatives did not sign a single fee agreement; and the representative(s) who did not sign the fee agreement, did not waive charging and collecting a fee.

        • Considering the appointments of representative in both applications, the claimant appointed representatives who are not members of the same law firm or other business, and the representative(s) from the other firm(s) or business(es) did not waive charging and collecting a fee.

        • Considering the appointments of representative in both applications, the claimant discharged a representative or a representative withdrew from the case, before the claim was favorably decided, and that representative did not waive charging and collecting a fee.

        • The representative died before SSA issued a favorable decision.

        • A State court declared the claimant legally incompetent and the claimant's legal guardian did not sign the agreement.

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Signature

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Date