Right to Representation – Social Security Lawyers

When dealing with the Social Security Administration (SSA), you can have someone representing you, such as an attorney.

Who Can Act as My Representative?

In general, you can be represented by anyone as long as they have not been suspended or banned from representing others before the Social Security Administration. You may appoint more than one representative, but you may not appoint a firm, corporation, or organization as your representative.

How Do I Name a Representative?

You must notify the Social Security Administration in writing, using a form, if you choose a representative.

• Lawyer: You must provide the attorney’s name and sign your name.
• Non-lawyer: This person must print their name, sign the form, and indicate that they accept the appointment.

Your representative will not be able to take payment from you until they have received authorization from the Social Security Administration.

What Role Can a Representative Play?

A representative can represent you in almost any Social Security problem.

As an example:

• Getting information from your Social Security record
• Getting medical records to back up your claim
• Requesting a hearing or filing an appeal
• Accompanying or representing you at any Social Security Administration interview, conference, or hearing

Selecting a Representative

You have the option of hiring an attorney or another qualified individual(s) to represent you. You cannot, however, have someone prohibited by law from acting as a representative or who has already been suspended or disqualified from representing others. Some organizations can assist you in finding a representative or provide free legal services.

The SSA office maintains a list of organizations that can assist you in locating a representative.

You can appoint one or more representatives from a firm, corporation, or other organization, but you cannot appoint the firm, corporation, or organization itself.

You must notify the SSA in writing as soon as you have chosen a representative. You can write to them or use their standard form, Claimant’s Appointment of a Representative (SSA-1696). The form is accessible at any local Social Security office or on the SSA website. The form can be submitted online or by mail.

If you appoint a representative who is not an attorney, both of you must sign the form. You can also file the form electronically. Before submitting the form, you must both sign it.

What Your Representative May Charge You

Your representative must file either a fee agreement or a fee petition to charge you a service fee. Your representative is not permitted to charge you more than the amount the SSA has authorized.

If you or your representative disagree with the permitted fee, either of you may request that the SSA review it. The SSA may suspend or disqualify a representative from representing anybody if they charge or collect a fee without consent or if they charge or collect more than the approved fee.

Submitting a Fee Agreement

If you and your representative have a written fee agreement, your representative may request that the SSA approves it before they decide on your claim.

If the following conditions are met, the SSA will usually approve the agreement and inform you in writing how much your representative may charge:

• You file and sign the fee agreement before the SSA decides on your case.
• The SSA approves your claim, and you will receive back pay.
• The price you agreed upon with your representative does not exceed 25% of past-due benefits or $7,200, whichever is less.

If the SSA rejects the fee agreement and you disagree, you or your agent must contact them within 15 days of the day they rejected the fee agreement. If the SSA authorizes a fee amount with which you disagree, you or your agent must contact them within 15 days of the fee amount’s authorization.

Submitting a Fee-Based Petition

After completing the work on your claim, your representative may file a fee petition. This written request should include a detailed description of the services given and the amount of time spent on each service. The fee petition and its attachments must be provided to you by the representative.

If you disagree with the fee your representative is requesting, or the information displayed, don’t hesitate to contact the SSA within 20 days of receiving a copy of the petition. The SSA will assess the worth of the representative’s services and notify you in writing of the amount your representative is entitled to charge and collect.

If you disagree with the fee they authorize, you must notify the SSA in writing within 30 days of the fee petition’s approval.

The Amount You Pay

Even if you agree to pay your representative more, the amount the SSA decides your representative can charge is the most you owe for their services. However, your representative may charge you for out-of-pocket expenses such as medical reports or hospital records without SSA consent. Out-of-pocket charges must be paid directly to the agent.

Suppose the SSA finds an attorney or non-attorney eligible for direct payment to represent you. In that case, they withhold up to 25% of your past-due benefits to pay toward the cost, which the SSA uses to pay all or part of the representative’s fee and send you any money left over.

If the permitted amount exceeds the amount they withheld and paid your representative, you must pay your representative directly. If your representative is not eligible for direct payment or your case did not result in past-due compensation, you must pay the entire charge directly.

Also, if the SSA did not withhold 25% of your benefits and delivered you the money they should have withheld, you must pay directly.

If Your Representative is Paid by Someone Else

Even if someone else will pay the fee for you (for example, a friend or relative), the SSA must approve it unless:

It is a business, a for-profit or nonprofit organization, or a federal, state, county, or city agency that will pay the fee and any expenses from its own funds.

You and any auxiliary beneficiaries are free of direct or indirect liability to pay the fee or expenses, in whole or in part, to a representative or someone else. If you file an appeal in federal court, your attorney may not charge a fee in excess of what the court permits for services rendered in court.

All claimant representatives, attorneys, and non-attorneys, who practice before the Social Security Administration (SSA), must follow the Rules of Conduct and Standards of Responsibility for Representatives (Rules of Conduct), which can be found at 20 CFR 404.1740 and 416.1540. The Rules of Conduct outline both positive responsibilities and banned behaviors.

Suppose a representative violates the Rules of Conduct, is ineligible to be an attorney or non-attorney representative under 20 CFR 404.1705 and 416.1505, or has been convicted of a violation under Section 206 of the Social Security Act.

In that case, SSA may file charges and initiate proceedings to suspend or disqualify that representative from acting as a representative before SSA.

Do I Need an Attorney?

It is totally up to you to hire someone to represent you, such as an attorney. A social security attorney with experience working with the Social Security Administration, on the other hand, can decide whether benefits and restrictions apply to you. A lawyer can organize your claim and accompany you to a hearing or appeal.