TN 11 (07-04)

A. Policy - SSA's Authority

The Act directs the Commissioner to authorize the fee an attorney representative (hereinafter we use “attorney”) or non-attorney representative may charge and collect for services provided to a claimant in proceedings before SSA.

B. Policy - Fee Authorization Required

A representative, attorney or non-attorney, must obtain SSA's authorization to charge and collect a fee for services provided in proceedings before SSA irrespective of whether (among other things):

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

• the attorney/non-attorney was ever recognized by SSA as a claimant's representative, or the individual did not deal directly with or actually contact SSA; or

• the fee is charged to or collected from the claimant or a third party (e.g., an insurance company), unless the requirements in GN 03920.010B. are met.

C. Policy - Proceedings Before SSA

SSA considers any claim or asserted right under titles II, XVI, or XVIII of the Social Security Act, which results in the following, to be a proceeding before SSA for fee purposes:

• 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 an Administrative Appeals Judge, including a decision issued after a court remand.

D. List of Proceedings Before SSA

Proceedings that require SSA's fee authorization include, but are not limited to, services in connection with:

• an application for Social Security monthly benefits, supplemental security income (SSI) payments, or a lump-sum death payment;

• an application for hospital insurance benefits or supplemental medical insurance benefits;

• 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.