Subject: Representative Fees
This transmittal reflects decisions recently announced by the Associate Commissioner which revise the authority to approve fees. The transmittal also reflects changes generated by the issuance of revised Form SSA-1560-U4 (12/89).
I-1-201 A. has been changed to show that fee-setting jurisdiction is based, generally, on whether the action taken on a claim is favorable or unfavorable.
In addition, the subsection shows that (1) the authority of individual Administrative Law Judges (ALJs) to approve attorney's fees has been raised from $3,000 to $4,000; (2) the $4,000 limit is based on the amount of the fee the ALJ proposes to authorize rather than the requested fee; and (3) the $4,000 limit is per case rather than per fee authorization.
I-1-201 C. has been changed to clarify that there is no requirement that to receive direct payment of a fee, the attorney must be the representative of record at the time the favorable decision is issued.
I-1-230 A.5. has been changed to show that the fee authorizing staff (1) will diary the case for 30 days (a 20-day comment period plus mailing time) to give the claimant an opportunity to object to the representative's requested fee and (2) will not diary the case if the claimant's comments are submitted with the fee petition.
I-1-230 B. has been changed to show that the comment diary period is 30 days and that an individual ALJ's authority to approve fees has been increased.
Remove from Chapter I-1-200:
I-1-201, Representative Fees — General, through I-1-201 cont., dated March 1990 (2 pages).
I-1-220 cont., through I-1-230 cont., dated March 1990 (2 pages).
Insert in Chapter I-1-200:
I-1-201, Representative Fees — General, through I-1-201 cont., dated February 8, 1991. (2 pages)
I-1-220 cont., dated March 1990 and I-1-230 cont., dated February 8, 1991 (2 pages).
Date: February 8, 1991