Ssa Hallex Fee Agreement

12. April 2021

Only the applicant`s designated representative may collect or collect a fee for the services he provided in a case before the Social Security Administration (SSA). An applicant must agree in writing on all dates, either with a SSA-1696 form „Claims`s Appointment of a Representative“ (see Program Operations Manual System (POMS) GN 03905.030) or a corresponding statement. If a law firm or other agency is involved, only the company or the designated organization can submit a royalty agreement or petition and obtain royalty authorization and payment for the services provided. In this case, a two-step royalty agreement, approved in the subsequent notification, may not provide, at the OHO or AC audit level, that a fee would not exceed 25 per cent of outstanding benefits or $6,000 (or another dollar amount indicated in accordance with the law) (see HALLEX I-1-2-15). If this is the case, the decision maker will identify it as the first basis for the refusal of the pricing agreement, and if the applicant had different representatives in previous and subsequent applications, the decision maker will identify the exception as the second basis for refusal. See the examples of subsection G below. Don`t confuse „petition“ with „administrative review request.“ While an agent retains the right to request an administrative review as part of the pricing process, he cannot replace the tax application procedure with the pricing agreement procedure after SSA has made a favourable decision. See Manuel I-1-2-1 for hearings, right of appeal and law of procedure. Except in very unusual circumstances, a decision maker will act at the same time as a pricing agreement when making a decision.

However, if there were to be a situation in which the decision maker entitled to approve or disapprove of a royalty agreement would not act on the pricing agreement at the time of the decision and the decision maker would no longer be available for 30 days or more, the Head of Administrative Law (HOCALJ) of the hearing office would respond to the pricing agreement or delegate that responsibility to another ALJ. , to avoid excessive delays in the processing of royalty-related measures. The resignation should not be referred to the original decision maker regarding the subsequent pricing agreement. If the representative submits a fee contract but cannot prove that the pricing agreement was submitted in a timely manner, the Warrant Officer will reject the royalty contract. If the outcome of the bankruptcy proceedings does not absegate the applicant from its obligation to the representative, SSA will follow its normal procedures with respect to the royalty agreement or the toll petition. If a representative and an applicant have signed both form SSA-1696-U4 (or an equivalent declaration) and the royalty agreement and a person other than the designated agent (for example.B. a civil party acting under the authority of the designated agent) did participate in the oral proceedings as the applicant`s exclusive counsel, the decision maker will request an appointment form signed by the applicant and the person involved in the oral proceedings. If that person has not signed the pricing contract, the decision maker will reject the pricing agreement.

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