I-1-2-4.Representative's Fees Subject to SSA's Authorization

Generally, a representative must obtain the Social Security Administration's (SSA) authorization to charge and collect a fee for services provided in proceedings before SSA regardless of whether, among other things:

• The services result in an allowance, reinstatement or disallowance action by SSA;

• The claimant's Title II and/or Title XVI past-due benefits have been withheld to pay the fee; or

• The representative assigned their fee to an entity as described in Program Operations Manual System (POMS) GN 03920.021.

SSA considers any claim, asserted right, or other issue under Titles II, XVI, or certain portions of XVIII of the Social Security Act to be a proceeding before SSA for fee purposes if it results in the following:

• An initial, revised, or reconsidered determination or action by a field office or processing center; or

• A decision or action by an administrative law judge or the Appeals Council, including a decision issued after a court remand.

For purposes of these instructions, “proceedings before SSA” include, but are not limited to:

• An application for social security monthly benefits, supplemental security income payments or a lump-sum death payment;

• A request to establish or continue a period of disability;

• A request to modify the amount of benefits;

• A request to reinstate benefits;

• A request to waive recovery of an overpayment or an appeal of an overpayment waiver denial determination; and

• A request to revise an earnings record.