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Date Submitted: 01/24/2012 07:39 AM

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A fee petition is a written statement signed by a claimant's representative requesting the fee the representative wants to charge and collect for services he or she provided in pursuing the claimant's benefit rights in proceedings before the Social Security Administration (SSA).

SSA presumes that the representative will either file a fee petition or waive his or her fee if the representative does not file a fee agreement before the date SSA makes the first favorable determination or decision (hereinafter, we generally refer to both as a "decision") the representative worked toward achieving.

A representative who elects to use the fee petition process generally files the petition after his or her services in the case have ended. Based on this petition, SSA will authorize a reasonable fee for the specific services provided.

If multiple representatives are involved and the representatives have elected to use the fee petition process, each representative who wants to charge and collect a fee for his or her services must file a separate fee petition. If a representative associates with another representative or co-counsel whom the claimant also appointed, an agreement between or among the two or more representatives about the fee for services does not control SSA's fee authorization.

A representative must file a fee petition to obtain SSA's authorization if any of the following applies:

•The representative and the claimant have no written fee agreement.

•The representative filed a fee agreement, which SSA did not approve.

•The representative filed a fee agreement, which was initially approved, but subsequently, a reviewing official reversed the approval.

•The representative filed a fee agreement which SSA approved and, subsequently, SSA disapproved that agreement because no past-due benefits resulted from the favorable determination or decision.

A representative may not file a fee petition for services in a claim if SSA has approved a fee...