I-1-2-17.Fee Agreement — Notice

Last Update: 1/28/03 (Transmittal I-1-44)

A. Decision on Claim Is Favorable

When SSA makes a favorable decision on a claim involving a fee agreement, the OHO or OARO 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.

For sample language to use when an Administrative Law Judge (ALJ) or Administrative Appeals Judge (AAJ) approves or disapproves a fee agreement, refer to I-1-2-101 and I-1-2-102, respectively.

1. Fee Agreement Approved

If the ALJ or AAJ 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. The notice the effectuating component sends will include information concerning the actual fee amount determined under an approved fee agreement. The effectuating component's notice will contain information concerning the right to request administrative review of the fee amount within 15 days of receiving the notice.

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 that:

  • there are no past-due benefits, and

  • we no longer approve the fee agreement between the claimant and the representative.

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. Decision on Claim Is Unfavorable

If the decision on the claim is unfavorable, the decision maker will not make a determination about the fee agreement and, therefore, will not send notice.