Your Right To Representation

You HAVE THE RIGHT TO have a representative help you with your claim for benefits.  The Social Security Administration will work with your representative, just as the SSA would with you.

Your representative cannot charge or collect a fee from you without first getting written approval from THE SSA , even if your claim is denied. However, your representative may accept money in advance as long as he or she holds it in a trust or escrow account.

Both you and your representative are responsible for providing the SSA with accurate information. It is wrong to knowingly and willingly furnish false information. If you do, you may be prosecuted criminally.

Once appointed, your representative can act for you in most Social Security matters including:

Get information from your Social Security file.
Help you get medical records or information to support your claim.
Come with you, or for you, to any interview, conference or hearing you have with the SSA
Request a reconsideration, hearing or Appeals Council review.
Help you and your witnesses prepare for a hearing and question any witnesses.
Your representative also will receive a copy of the decision(s)the SSA make on your claim(s).
Choosing A Representative: You can choose an attorney or other qualified person to represent you. You also can have more than one representative.

Some organizations can help you find an attorney or give you free legal services if you qualify. Some attorneys don't charge unless you receive benefits. Your Social Security office has a list of organizations that can help you find a representative.

You can appoint one or more persons in a firm, corporation or other organization as your representative(s), but you may not appoint the firm, corporation or organization itself. You also may not appoint a person who has been suspended or disqualified from representing others before the Social Security Administration or who may not, by law, act as a representative.

Once you choose a representative, you must tell the SSA in writing as soon as possible. To do this, you can get a Form THE SSA -1696-U4, Appointment of Representative, from any Social Security office.

You must give the name of the person you are appointing and sign your name. If the person is not an attorney, he or she must, in writing, give his or her name; state that he or she accepts the appointment; and sign the form.

What Your Representative May Charge: To charge you a fee for his or her services, your representative first must file either a fee agreement or a fee petition with us. Your representative cannot charge you more than the fee amount the SSA  approves. If either you or your representative disagrees with the fee the SSA  approves, you or your representative can ask them to look at it again.

A representative who charges or collects a fee without our approval, or charges or collects too much, may be suspended or disqualified from representing anyone before the Social Security Administration. He or she also may face criminal prosecution.

Filing A Fee Agreement: If you and your representative have a written fee agreement, your representative may ask the SSA  to approve it any time before they decide your claim. Usually, they’ll approve the agreement and tell you in writing how much your representative may charge as long as:

You both signed the agreement.
The fee you agreed on is no more than 25 percent of past-due benefits or $5,300, whichever is less.
Your claim was approved and resulted in past-due benefits.
If the SSA doesn’t approve the fee agreement, the SSA will tell you and your representative in writing that your representative must file a fee petition.

Filing A Fee Petition: Your representative may give the SSA  a fee petition when he or she has finished working on your claim(s). This written request, accounting for the fee, describes in detail the amount of time spent on each service provided. Your representative must give you a copy of the fee petition and each attachment. If you disagree with the information shown, contact the SSA within 20 days. They will consider the reasonable value of the services provided and tell you in writing the amount of the fee the SSA approve.

How Much You Pay  The amount of the fee the SSA decides your representative may charge is the most you owe him or her, except for out-of-pocket expenses. It might be different from the amount you agreed to pay.

If an attorney represents you, the SSA will usually withhold 25 percent of your past-due benefits to pay toward the fee for you. Later, they pay the attorney's fee from this money and send you any money left over.

You must pay your representative directly:

The rest you owe:
If the amount of the fee is more than the amount of money the SSA withheld and paid your attorney for you.
The entire fee you owe:
If the SSA did not withhold past-due benefits; for example, when your representative is not an attorney or the benefits are Supplemental Security Income (SSI); or
If the SSA withheld, but later paid you the money because your attorney did not either ask for approval until after 60 days of the date of your notice of award or tell the SSA on time that he or she planned to ask for a fee.
For out of pocket expenses your representative incurs or expects to incur:
For example, the cost of getting your doctor's or hospital records. SSA approval is not needed for such expenses.

If Someone Else Pays Your Representative: Even when someone else will pay the fee for you (for example, an insurance company),the SSA must approve the fee unless:

It's a nonprofit organization or federal, state, county, or city agency that will pay the fee and any expenses from government funds.
Your representative gives the SSA a written statement that you will not have to pay any fee or expenses. 
If You Go Before A Federal Court: The court can allow a reasonable fee for your attorney. The fee usually will not exceed 25 percent of all past-due benefits that result from the court's decision. Your attorney cannot charge any additional fee for services before the court.

For More Information:  If you have questions about your right to representation, visit the SSA website at www.socialsecurity.gov or call their toll-free number, 1-800-772-1213.