| Attorneys who represent Social Security disability | | | | submit it before the date of the first favorable |
| claimants generally do so under a "contingency fee | | | | determination or decision SSA makes on a claim after |
| agreement." That is, the client does not pay the | | | | the representative's appointment. If the representative |
| attorney unless and until the case is resolved and | | | | does not submit a fee agreement by that date, SSA |
| Social Security benefits have been awarded. A | | | | assumes the representative either will file a fee petition |
| representative who wants to charge or collect a fee | | | | or waive a fee. |
| from a claimant for services provided in any | | | | If the representative submits a fee agreement before |
| proceeding before the Social Security Administration | | | | the date SSA makes a favorable decision, SSA will |
| (SSA) under the Social Security Act (the Act), must | | | | approve the fee agreement at the time of the |
| first obtain SSA's authorization. To do so, a | | | | favorable decision if the statutory conditions for |
| representative must use one of two mutually exclusive | | | | approval are met and no exceptions to the fee |
| fee authorization processes: the fee agreement | | | | agreement process apply. Once SSA approves the |
| process or the fee petition process. Under the fee | | | | fee agreement, the fee specified in the agreement is |
| agreement process, an attorney can collect no more | | | | the maximum fee the representative may charge and |
| than 25% of of back benefits recovered, or $5,300, | | | | collect for all services in the claim. |
| whichever is less. If the attorney is unsuccessful in | | | | A fee petition is a written statement signed by a |
| obtaining benefits, there is no charge. | | | | claimant's representative requesting the fee the |
| Fee Agreement Process Before SSA decides the | | | | representative wants to charge and collect for |
| claim, the representative or the claimant may file a fee | | | | services he or she provided in pursuing the claimant's |
| agreement. Generally, SSA will approve an agreement | | | | benefit rights in proceedings before the Social Security |
| (under § 206(a)(2)(A) of the Act) if the other | | | | Administration (SSA). |
| statutory conditions are met and no exceptions apply. | | | | SSA presumes that the representative will either file a |
| If SSA approves the fee agreement and no one | | | | fee petition or waive his or her fee if the |
| requests administrative review, the fee specified in the | | | | representative does not file a fee agreement before |
| agreement is the maximum fee the representative | | | | the date SSA makes the first favorable determination |
| may charge and collect. | | | | or decision. A representative who elects to use the |
| Fee Petition Process After the representative's | | | | fee petition process generally files the petition after his |
| services in the case have ended, he or she may | | | | or her services in the case have ended. Based on this |
| petition for a fee. SSA reviews the fee petition and | | | | petition, SSA will authorize a reasonable fee for the |
| authorizes a "reasonable" fee (under §206(a)(1) of | | | | specific services provided. |
| the Act) for the specific services provided. | | | | The fee agreement and fee petition process are not |
| A fee agreement is a written statement signed by the | | | | interchangeable. However, if a representative elects |
| claimant and his or her appointed representative | | | | the fee agreement process but SSA does not |
| specifying the fee the representative expects to | | | | approve the agreement, or if an SSA reviewing official |
| charge and collect, and the claimant expects to pay, | | | | upholds a disapproval of a fee agreement on |
| for services the representative provides in pursuing the | | | | administrative review, the representative must file a |
| claimant's benefit rights in proceedings before the | | | | fee petition if he or she wants to charge and collect a |
| Social Security Administration (SSA). For SSA to | | | | fee for their services. |
| approve a fee agreement, the representative must | | | | |