20 C.F.R. § 404.1725

Request for approval of a fee

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(a) Filing a request. In order for your representative to obtain approval of a fee for services he or she performed in dealings with us, he or she shall file a written request with one of our offices. This should be done after the proceedings in which he or she was a representative are completed. The request must contain—

(1) The dates the representative's services began and ended;

(2) A list of the services he or she gave and the amount of time he or she spent on each type of service;

(3) The amount of the fee he or she wants to charge for the services;

(4) The amount of fee the representative wants to request or charge for his or her services in the same matter before any State or Federal court;

(5) The amount of and a list of any expenses the representative incurred for which he or she has been paid or expects to be paid;

(6) A description of the special qualifications which enabled the representative, if he or she is not an attorney, to give valuable help in connection with your claim; and

(7) A statement showing that the representative sent a copy of the request for approval of a fee to you.

(b) Evaluating a request for approval of a fee. (1) When we evaluate a representative's request for approval of a fee, we consider the purpose of the social security program, which is to provide a measure of economic security for the beneficiaries of the program, together with—

(i) The extent and type of services the representative performed;

(ii) The complexity of the case;

(iii) The level of skill and competence required of the representative in giving the services;

(iv) The amount of time the representative spent on the case;

(v) The results the representative achieved;

(vi) The level of review to which the claim was taken and the level of the review at which the representative became your representative; and

(vii) The amount of fee the representative requests for his or her services, including any amount authorized or requested before, but not including the amount of any expenses he or she incurred.

(2) Although we consider the amount of benefits, if any, that are payable, we do not base the amount of fee we authorize on the amount of the benefit alone, but on a consideration of all the factors listed in this section. The benefits payable in any claim are determined by specific provisions of law and are unrelated to the efforts of the representative. We may authorize a fee even if no benefits are payable.

Notes of Decisions

Cited in 93 cases (36 in the last 5 years), 1985–2026 · leading case: Gisbrecht v. Barnhart, 535 U.S. 789 (2002).

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Gisbrecht v. Barnhart, 535 U.S. 789 (2002). · cites it 4× “See 20 CFR § 404.1725 (b) (2001). [3] Fees may *795 be authorized, on petition, even if the benefits claimant was unsuccessful.”

Dale Buchanan v. Kenneth S. Apfel, Comm'r of Soc. Sec., 249 F.3d 485 (6th Cir. 2001). · cites it 4× “§ 406 (a)(1), and that SSA regulation 20 C.F.R. § 404.1725 (b) and disability insurance regulation 20 C.”

Power, David F. v. Massanari, Larry G., 292 F.3d 781 (D.C. Cir. 2002). · cites it 2× “There is no question that the petition alternative was available, as the SSA expressly advised Power in its July 6 letter.”

Jack E. COUP, Appellant, v. Margaret HECKLER, Sec'y of Health & Human Servs., 834 F.2d 313 (3rd Cir. 1987). · cites it 4× “20 C.F.R. § 404.1725 (b)(2) (“We may authorize a fee even if no benefits are payable.”

Marasco & Nesselbush, LLP v. Collins, 6 F.4th 150 (1st Cir. 2021). · cites it 3× “See 20 C.F.R. § 404.1725 (b)(2); see also Gisbrecht v.”

Wrenn Ex Rel. Wrenn v. Astrue, 525 F.3d 931 (10th Cir. 2008). “See 20 C.F.R. § 404.1725 (b)(2). As an alternative to fee petitions, Congress amended § 406(a) in 1990 to include contingent-fee agreements for representation before the Commissioner when asserting an entitlement to past-due benefits.”

Ringel v. Comm'r of Soc. Sec., 295 F. Supp. 3d 816 (S.D. Ohio 2018). “See 20 C.F.R. § 404.1725 (b)(2). Although Ms.”

Murkeldove v. Astrue, 635 F.3d 784 (5th Cir. 2011). “20 CFR § 404.1725 (b)(2) (“We may authorize a fee even if no benefits are payable.”

Clark v. Astrue, 529 F.3d 1211 (9th Cir. 2008). “Under 20 C.F.R. § 404.1725 (b)(2), the Administration “may authorize a fee even if no benefits are payable.”

Cordoba v. Massanari, 256 F.3d 1044 (10th Cir. 2001). · cites it 2× “In particular, the district court noted that, under 20 C.F.R. § 404.1725 (2000), the representative may file a fee petition for a fee award after the Social Security Administration initially refuses to enforce a fee agreement.”

Pais v. Kijakazi, 52 F.4th 486 (1st Cir. 2022). “See 20 CFR § 404.1725 (b). In contrast, § 406(b) authorizes courts to grant fees for work performed before them that results in a favorable outcome for the claimant.”

Rice v. Astrue, 609 F.3d 831 (5th Cir. 2010). “§ 406 (a)(1); 20 C.F.R. § 404.1725 (b)(2). 8 . Gisbrecht v.”

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— 20 C.F.R. § 404.1725(b)(2) — 1 case

Perez v. Sec'y of Health & Human Servs., 605 F. Supp. 76 (D.P.R. 1985).

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