I-1-2-17.Fee Agreement — Notice
Last Update: 12/9/24 (Transmittal I-1-108)
A. Decision on Claim(s) Is Favorable
When the Social Security Administration (SSA) makes a favorable determination or decision on a claim(s) or other matter involving a fee agreement, the Office of Hearings Operations (OHO) or Office of Appellate Operations (OAO) decision maker will notify the claimant and the representative about the determination on the fee agreement in a written notice separate from the decision on the claim.
Staff will use the appropriate template in the Hearings and Appeals Case Processing System (HACPS), the Document Generation System (DGS), or the Office of Appellate Operations Case Processing System (OAOCPS), as applicable, when an attorney advisor, administrative law judge (ALJ), or administrative appeals judge (AAJ) approves or disapproves a fee agreement.
NOTE:
If the individual representative validly assigned direct payment of their fee to an entity as described in Program Operation Manual System (POMS) GN 03920.021, do not send a copy of either notice to the entity's point of contact (POC), as the entity is not a party to the fee agreement. The effectuating component may provide a copy of the fee authorization notice to the POC, indicating the amount(s) authorized and directly paid to the entity.
1. Fee Agreement Approved
If the OHO or OAO decision maker approved the fee agreement, the notice will advise the claimant and the representative:
That the determination is limited to whether the fee agreement meets the statutory conditions for approval and is not otherwise excepted from the fee agreement process,
That they have the right to request administrative review,
That they must request review of the determination made on the fee agreement within 15 days of receiving the notice, and
Where they should send a written request for administrative review.
The notice the effectuating component sends will include information concerning the actual fee amount authorized under an approved fee agreement. The effectuating component's notice will also contain information concerning the right to request administrative review of the authorized fee amount within 15 days of receiving the notice. If the representative validly assigned direct payment of their fee to an entity, the effectuating component may provide a copy of the notice specifying the fee authorized and what, if any, portion of that fee SSA will pay the entity directly to the entity's POC as necessary to resolve fee-related issues.
NOTE:
If the decision maker approves the fee agreement, but the effectuating component determines there are no past-due benefits, the effectuating component will advise the claimant and the representative that:
There are no past-due benefits resulting from the decision, and
SSA no longer approve the fee agreement between the claimant and the representative, and the representative must file a fee petition for authorization to charge and collect a fee.
2. Fee Agreement Disapproved
If the decision maker disapproved the fee agreement, the notice will advise the claimant and the representative:
That they have the right to request administrative review,
That they must request administrative review within 15 days of receiving the notice of the determination made on the fee agreement, and
Where they should send a written request for administrative review.
B. No Favorable Decision on Claim(s)
If the decision maker issues an unfavorable decision or a dismissal, the decision maker will not make a determination about the fee agreement and, therefore, will not send notice.