Representation
You have the right to a representative to help you when you do business with Social
Security. They will work with your representative, just as they would with you.
For your protection, your representative cannot charge or collect a fee from you
without first getting written approval from SSA. However, your representative may
accept money from you in advance as long as it is held in a trust or escrow account.
Both you and your representative are responsible for providing SSA with accurate
information. It is illegal to furnish false information knowingly and willfully.
If you do, you may face criminal prosecution.
Once you appoint a representative, he or she can act on your behalf in most Social
Security matters by:
• Getting information from your Social Security file;
• Helping you get medical records or information to support your claim;
• Coming with you, or for you, to any interview, conference or hearing you have
with SSA;
• Requesting a reconsideration, hearing or Appeals Council review;
• Helping you and your witnesses prepare for a hearing and questioning any witnesses.
Your representative also will receive a copy of the decision(s) SSA make on your claim(s).
You can choose a qualified person to represent you. You also can have more than one representative. However, you cannot have someone who has been suspended or disqualified from representing others before the Social Security Administration or who may not, by law, act as a representative.Some organizations can help you find an attorney or give you free legal services if you qualify. Some representatives do not charge unless you receive benefits.You can appoint one or more people in a firm, corporation or other organization as your representative, but you may not appoint the firm, corporation or organization itself.After you choose a representative, you must tell SSA in writing as soon as possible.
To do this, get Form SSA-1696,
Appointment of Representative
You must give the name of the person you are appointing and sign your name. Your
representative must give his or her name, on the same form, stating that he or she
accepts the appointment and sign the form.
To charge you a fee for services, your representative first must file either a fee
agreement or a fee petition with SSA. Your representative cannot charge you more
than the fee amount they approve. If you or your representative disagree with the
fee they approve, either of you can ask SSA to look at it again. A representative
who charges or collects a fee without their approval, or charges or collects too
much, may be suspended or disqualified from representing anyone before the Social
Security Administration and also may face criminal prosecution.
If you and your representative have a written fee agreement, your representative
may ask SSA to approve it any time before they decide your claim. Usually, they
will approve the agreement and tell you in writing how much your representative
may charge as long as:
• You both signed the agreement;
• Your claim was approved and resulted in past-due benefits;and,
The fee you agreed on is no more than 25 percent of past-due benefits or $5,300,
whichever is less.If they do not approve the fee agreement, SSA will notify you
and your representative in writing that your representative must file a fee petition.
Your representative may give SSA a fee petition after completing the work on your claim(s). This written request should describe in detail the amount of time spent on each service your representative provided. Your representative must give you a copy of the fee petition and each attachment. If you disagree with the fee requested or the information shown, contact SSA within 20 days. They will consider the reasonable value of the representative’s services and tell you, in writing, the amount of the fee they approve.
The amount of the fee they decide your representative may charge is the most you owe for his or her services even if you agreed to pay your representative more. However, your representative can charge you for out-of-pocket expenses, such as medical reports, without their approval.If a representative whom Social Security has found eligible for direct payment represents you, they usually withhold 25 percent (but never more) of your past-due benefits to pay toward the fee. SSA pays all or part of the representative’s fee from this money and send you any money left over.
Sometimes you must pay your representative directly:
• You must pay the rest you owe if the amount of the approved fee is more than the
amount of money they withheld and paid your representative for you.
• You must pay the entire fee amount if:
— Your representative is not eligible for direct payment;
— We did not withhold 25 percent from your past-due Social Security benefits, or
both; or
— Your representative made a timely request for a fee and SSA sent you the money
that they should have withheld.You must pay for out-of-pocket expenses your representative
incurs or expect(s) to incur (for example, the cost of getting your doctor’s or
hospital records).
Even when someone else will pay the fee for you (for example, an insurance company),
SSA must approve the fee unless:
• It is a nonprofit organization or federal, state, county or city agency that will
pay the fee and any expenses from government funds.
