POMS Reference

NL: Notices, Letters and Paragraphs

BASIC (11-81)

3501. ATTORNEY FEE HAS BEEN REQUESTED; NOT YET AUTHORIZED

Section 206(a) of the Social Security Act requires an attorney to obtain authorization from the Social Security Administration before he may charge any fee for his services. The law also provides that up to 25 percent of your past due benefits can be used toward the payment of such fees. Thus, we are withholding $       from your benefits, until the authorized amount of your attorney's fees is determined. The amount withheld will be used to pay any authorized fee direct to your attorney; any remaining amount will be paid to you.

3505. ATTORNEY FEE HAS NOT BEEN REQUESTED

If your attorney has not yet done so, he should file a petition for approval of a fee, or a statement that no fee will be charged. If a statement is filed, it should clearly indicate he understands that no fee may be charged for his services in the proceedings before the Social Security Administration except as authorized under Section 206 of the Social Security Act. The amount withheld will then be paid to you or your attorney as appropriate.