20 C.F.R. § 404.1720

Fee for a representative's services

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(a) General. A representative may charge and receive a fee for his or her services as a representative only as provided in paragraph (b) of this section.

(b) Charging and receiving a fee. (1) The representative must file a written request with us before he or she may charge or receive a fee for his or her services.

(2) We decide the amount of the fee, if any, a representative may charge or receive.

(3) Subject to paragraph (e) of this section, a representative must not charge or receive any fee unless we have authorized it, and a representative must not charge or receive any fee that is more than the amount we authorize.

(4) If your representative is an attorney or an eligible non-attorney, and you are entitled to past-due benefits, we will pay the authorized fee, or a part of the authorized fee, directly to the attorney or eligible non-attorney out of the past-due benefits, subject to the limitations described in § 404.1730(b)(1). If the representative is a non-attorney who is ineligible to receive direct fee payment, we assume no responsibility for the payment of any fee that we have authorized.

(c) Notice of fee determination. We shall mail to both you and your representative at your last known address a written notice of what we decide about the fee. We shall state in the notice—

(1) The amount of the fee that is authorized;

(2) How we made that decision;

(3) Whether we are responsible for paying the fee from past-due benefits; and

(4) That within 30 days of the date of the notice, either you or your representative may request us to review the fee determination.

(d) Review of fee determination—(1) Request filed on time. We will review the decision we made about a fee if either you or your representative files a written request for the review at one of our offices within 30 days after the date of the notice of the fee determination. Either you or your representative, whoever requests the review, shall mail a copy of the request to the other person. An authorized official of the Social Security Administration who did not take part in the fee determination being questioned will review the determination. This determination is not subject to further review. The official shall mail a written notice of the decision made on review both to you and to your representative at your last known address.

(2) Request not filed on time. (i) If you or your representative requests a review of the decision we made about a fee, but does so more than 30 days after the date of the notice of the fee determination, whoever makes the request shall state in writing why it was not filed within the 30-day period. We will review the determination if we decide that there was good cause for not filing the request on time.

(ii) Some examples of good cause follow:

(A) Either you or your representative was seriously ill and the illness prevented you or your representative from contacting us in person or in writing.

(B) There was a death or serious illness in your family or in the family of your representative.

(D) We gave you or your representative incorrect or incomplete information about the right to request review.

(E) You or your representative did not timely receive notice of the fee determination.

(F) You or your representative sent the request to another government agency in good faith within the 30-day period, and the request did not reach us until after the period had ended.

(3) Payment of fees. We assume no responsibility for the payment of a fee based on a revised determination if the request for administrative review was not filed on time.

(e) When we do not need to authorize a fee. We do not need to authorize a fee when:

(1) An entity or a Federal, State, county, or city government agency pays from its funds the representative fees and expenses and both of the following conditions apply:

(i) You and your auxiliary beneficiaries, if any, are not liable to pay a fee or any expenses, or any part thereof, directly or indirectly, to the representative or someone else; and

(ii) The representative submits to us a writing in the form and manner that we prescribe waiving the right to charge and collect a fee and any expenses from you and your auxiliary beneficiaries, if any, directly or indirectly, in whole or in part; or

(2) A court authorizes a fee for your representative based on the representative's actions as your legal guardian or a court-appointed representative.

(f) Assignment of direct payment of fees. A representative who is eligible for direct payment of an authorized fee may assign direct payment of the authorized fee to an entity that is eligible for direct payment of fees (see §§ 404.1730(e) and 404.1735).

[45 FR 52090, Aug. 5, 1980, as amended at 72 FR 16724, Apr. 5, 2007; 74 FR 48384, Sept. 23, 2009; 76 FR 45193, July 28, 2011; 89 FR 67554, Aug. 21, 2024]

Notes of Decisions

Cited in 67 cases (21 in the last 5 years), 1983–2025 · leading case: In Re Quaid, 646 So. 2d 343 (La. 1994).

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In Re Quaid, 646 So. 2d 343 (La. 1994). · cites it 5× “These regulations provide in pertinent part as follows: 20 C.F.R. § 404.1720 Fee for a representative's services.”

Sinkler v. Berryhill, 932 F.3d 83 (2d Cir. 2019). “§ 406 (a) ; 20 C.F.R. §§ 404.1720 , 404.1725. Those fees are also capped at 25% of past-due benefits, although the "aggregate amount of fees for both stages of representation" is not so capped.”

Wrenn Ex Rel. Wrenn v. Astrue, 525 F.3d 931 (10th Cir. 2008). · cites it 2× “3d at 498 ; see also 20 C.F.R. §§ 404.1720 , 404.1728(a). The Commissioner and court have the authority to independently determine the appropriate attorney fees.”

Marasco & Nesselbush, LLP v. Collins, 6 F.4th 150 (1st Cir. 2021). · cites it 4× “a reasonable fee to compensate" attorneys for representing claimants who are awarded benefits); 20 C.F.R. § 404.1720 (b)(1) (stating that a "representative must file a written request with [the SSA] before he or she may charge or receive a fee for his or her services").”

McGraw v. Barnhart, 450 F.3d 493 (10th Cir. 2006). “See 20 C.F.R. §§ 404.1720 , 404.1728; Harris v.”

Power, David F. v. Massanari, Larry G., 292 F.3d 781 (D.C. Cir. 2002). “See 20 C.F.R. §§ 404.1720 -.1725, .1730. Those regulations require the attorney to submit a petition listing such information as the services rendered, the amount of time expended, and the fee desired.”

Binder & Binder, P.C. v. Astrue, 848 F. Supp. 2d 230 (E.D.N.Y 2012). · cites it 5× “§ 406 (a), the Commissioner of Social Security promulgated, inter alia, 20 C.F.R. § 404.1720 . That regulation, in effect at the time plaintiff submitted its petition in July 2010, provided, in relevant part: “(a) General.”

In Re Complaint as to the Conduct of Knappenberger, 186 P.3d 272 (Or. 2008). · cites it 2× “Specifically, 20 CFR § 404.1720 (b)(3) provides: “A [lawyer or legal representative of a disability claimant] shall not charge or receive any fee unless we have approved it, and he or she shall not charge or receive any fee that is more than the amount we approve.”

Jack E. COUP, Appellant, v. Margaret HECKLER, Sec'y of Health & Human Servs., 834 F.2d 313 (3rd Cir. 1987). “” 20 C.F.R. § 404.1720 (b). Moreover, “an attorney should file a request for approval of a fee, or written notice of the intent to file a request .”

Binder & Binder, P.C. v. Handel (In Re Handel), 570 F.3d 140 (3rd Cir. 2009). “§ 406 and 20 C.F.R. §§ 404.1720 (b), 404.1725(b), 404.”

Binder & Binder Pc v. Jo Anne B. Barnhart, Comm'r of Soc. Sec. Admin., 399 F.3d 128 (2d Cir. 2005). “§ 406 (a)(2)(A); 20 C.F.R. § 404.1720 (b)(4), which of course it did.”

Cordoba v. Massanari, 256 F.3d 1044 (10th Cir. 2001). “20 C.F.R. § 404.1720 (b)(4) (2000). 1 Cordoba alleged that the statutory and regulatory scheme unconstitutionally discriminates against non-attorneys, and that certain regulations had been promulgated in violation of the notice and comment rulemaking requirements of the…”

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— 20 C.F.R. § 404.1720(b) — 2 cases

In Re Quaid, 646 So. 2d 343 (La. 1994). “These regulations provide in pertinent part as follows: 20 C.F.R. § 404.1720 Fee for a representative's services.”

In re Reynolds, 737 So. 2d 1272 (La. 1999).

— 20 C.F.R. § 404.1720(d) — 1 case

Carver v. Heckler, 568 F. Supp. 301 (D. Vt. 1983).

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