I-1-2-53.Filing a Fee Petition

Last Update: 12/9/24 (Transmittal I-1-108)

A. Who May File

The representative, either an attorney or a qualified non-attorney (Hearings, Appeals, and Litigation Law (HALLEX) manual I-1-1-2 B), whom the claimant appointed in writing to act on their behalf in pursuing a claim or asserted right before the Social Security Administration (SSA) may file a fee petition unless:

  • The representative previously was authorized to receive a fee for services on that claim, matter, or issue based on an approved fee agreement, and that authorization remains in effect, or

  • The representative submitted a contingency fee contract (i.e., agreed to charge and collect a fee only if SSA favorably decides the claim) and SSA's decision is unfavorable.

Although SSA will not return the fee petition in these situations, fee authorizers must not authorize any fee in response to the fee petition. Otherwise, any representative may request a fee for the services the representative actually provided in pursing the claimant's benefit rights in proceedings before SSA. If a representative delegates certain tasks, such as developing the claimant's medical record, to another person whom the representative supervises and directs, the representative files a single fee petition which includes the services of the unappointed assistant. However, services of another person who actually served as the claimant's representative at a hearing (whether appointed or not) may not be included in the fee petition. That person must become an appointed representative (see HALLEX I-1-1-10) and file their own fee petition, requesting a fee for any services they performed in representing the claimant. See HALLEX I-1-2-12 C.3.b.

If the claimant appointed more than one representative, each representative who wants to request a fee for their services must file a fee petition to request a fee for the services they performed.

In limited circumstances, we will accept a fee petition from an individual other than the representative. If a representative dies before filing the fee petition and did not validly assign direct payment of the fee to an entity, the executor or other legal representative of the estate may file the fee petition. In the event a deceased representative validly assigned direct payment of their fee to an entity before their death, the entity's point of contact (POC) may file a fee petition to request a fee authorization for the services performed by the representative. When there is a valid assignment, only the POC may file the petition. The individual filing the fee petition must submit proof of the representative's death (e.g., a copy or screenshot of an obituary or copy of a death certificate) with the fee petition. For more information see the Program Operations Manual System (POMS) GN 03930.020A. See POMS GN 03920.021 for further information about the assignment of direct payment of an authorized fees to an entity, including the roles and responsibilities of POCs.

NOTE:

Except in the limited circumstances described above, SSA cannot accept a fee petition filed by another person even if the representative has signed a power of attorney specifically authorizing another person to file a fee petition with SSA on the representative's behalf.

B. When to File

The fee petition is not properly filed until after the representative has completed providing services for the claimant and any auxiliary beneficiaries or eligible spouse. If the representative acted on the claimant's behalf in obtaining a partially favorable determination or decision and is appealing the unfavorable aspect of that determination or decision, the representative's services do not end until the appeal is resolved. A representative whose representational services have ended may file the petition before SSA effectuates a determination or decision.

NOTE:

If the representative submitted a fee petition but their services have not ended, authorization must be delayed. See HALLEX I-1-2-56 A.3. for procedures when delaying authorization. Multiple authorizations based on multiple fee petitions for the same services are not appropriate, even if additional past-due benefits are available.

1. Representative Eligible for Direct Fee Payment Waives Direct Payment from Past-Due Benefits

There is no time limit within which a representative must petition.

2. Representative Eligible for Direct Fee Payment Has Not Waived Direct Payment of a Fee from Past-Due Benefits

To obtain direct payment of all or part of an authorized fee withheld from Title II or Title XVI past-due benefits, the representative who is eligible for direct fee payment should file the petition, or a written notice of their intent to file a petition, within 60 days after the date of the first notice of favorable decision. The same time limit applies if someone other than the representative is filing in the limited circumstance described in subsection A, above. This requirement is to ensure that SSA does not erroneously release past-due benefits withheld to pay authorized fees. If a representative is appealing a partially favorable determination or decision, they may submit a written notice of their intention to file a petition to ensure SSA withholds past-due benefits and must file their petition only after completing providing their services.

C. Where to File

Although the representative may file at any SSA office, generally the representative files the petition with the SSA office shown below.

  • If an Administrative Law Judge (ALJ) issued the decision, including after remand from the Appeals Council (AC), the representative sends the petition to the ALJ using the hearing office address.

  • If a Federal court issues a favorable judgement, the AC issued the decision, or the claim is pending at the Office of Appellate Operations when the representative's services ends, the representative sends the petition to:

    Social Security Administration
    Office of Appellate Operations
    Attn: Attorney Fee Branch
    6401 Security Blvd
    Baltimore, MD 21235-6401

D. How to File

A representative may petition for fee approval using:

  • Form SSA-1560 (Petition for Authorization to Charge and Collect a Fee for Services before the Social Security Administration). An electronic version of this form is available at https://www.ssa.gov/representation/, or

  • A written statement that provides the information requested on Form SSA-1560 and explained in POMS GN 03930.020D.3.

Currently the Form SSA-1560 is formatted only for use by individual representatives. Other individuals, in the limited circumstances when they may file a fee petition, as described above in HALLEX I-1-2-53 A, must use another writing when filing a fee petition for an individual representative.

Regardless of the document used, the representative will:

  • Send a copy to the claimant,

  • File the original with the appropriate SSA office, and

  • Retain a copy for the representative's or entity's records.

NOTE 1:

In the limited circumstances when the POC or another individual files the fee petition, it is especially important that this individual include proof that the claimant was provided a copy of the petition because the individual likely has no direct knowledge of the representational services provided in the case.

NOTE 2:

For the additional documentation that a representative who is a legal guardian, committee, conservator, or other State court-appointed representative must furnish with a fee petition, see HALLEX I-1-2-5 D.