Sec. 206 of the SOCIAL SECURITY ACT [42 U.S.C. 406] *1*
"Limitations on Fees?"
What is
Generally, the fee cannot exceed 25% of the past-due benefits awarded to the claimant or a specific dollar amount set by the SSA, whichever is less.
"Fee Payment"
What is
the process that ensures that the claimant is not required to pay the fee out of pocket.
The fine fee charge "up to" dollar amount that a penalized representative must pay?
What is
A fine of up to $500.
True or False?:
Is the SSA allowed to charge a fee for processing the payment of the representative's fee from the claimant's benefits?
What is,
YES;
This is also known as the "Administrative Fee."
Subsection (e) of this Act establishes what?
What is
"A Certification Program."
As a licensed Eligible for Direct Payment Non-Attorney (EDPNA), am I allowed to charge a fee for my service(s) to represent a claimant?
What is
Subsection (a) mandates that a representative (usually an attorney) who represents a claimant before the SSA may charge a fee for their services only if the fee is approved by the SSA.
The exceeding limited percentage an attorney may be rewarded for?
What is
"...the attorney representing the claimant may be awarded a fee not exceeding 25%...."
A representative that overcharges claimants must...
What is
they may be required to refund the excess amount to the claimant.
True or False?:
Must the SSA notify both parties, the claimant and the representative of the fee and the withholding?
What is,
TRUE;
The SSA must notify both the claimant and the representative of the amount of the fee and the withholding. Also known as, "Notification of Withholding."
Are Non-Attorney representatives required to continue their education for this specific job title and receive Direct Payments?
What is, Yes;
"...non-attorney representatives must meet criteria such as passing an examination, ....and fulfilling continuing education requirements."
Requirements needed to be considered as a "Fee Agreement Requirement?"
What is
the representative and the claimant must enter into a written agreement about the fee, which is then submitted to the SSA for approval. The SSA considers factors like the complexity of the case, the amount of time and effort the representative has spent, and the level of skill required to evaluate whether the fee is reasonable.
If a claimant’s case is taken to federal court, and the court renders a favorable decision, what happens to the attorney representing the claimant?
What is
the attorney representing the claimant may be awarded a fee not exceeding 25% of the total amount of past-due benefits awarded. This fee is deducted from the claimant’s benefits.
Does this Subsection impose penalties on claimants or representatives?
What is,
Yes; Subsection (c) imposes penalties on representatives who charge, demand, receive, or collect any fees in excess of the amount approved by the SSA or the court.
True or False?:
"Withholding of Past-Due-Benefits" is another form of ensuring claimants do not pay out of pocket.
What is,
TRUE;
The SSA is authorized to withhold the fee from the claimant’s past-due benefits to pay the representative directly. This ensures that the claimant does not have to pay out of pocket.
Does a "Certificate Program for non-Attorney Representatives allow anything?
What is,
this subsection establishes a certification program allowing certain non-attorney representatives to qualify for direct payment of fees.
If the representative is an attorney, and if the fee is approved, what must the SSA do? Does an EDPNA need approval from the SSA as well?
What is
If the representative is an attorney, and if the fee is approved, the SSA may directly pay the fee from the claimant's past-due benefits. Non-attorney representatives can also receive direct payments from the SSA, provided they meet specific criteria established by the SSA.
True or False:
Subsection (b) reiterates that the attorney's fees must only be approved by the court.
What is
FALSE;
This subsection emphasizes that the attorney’s fee must be approved both by the court and, in some cases, by the SSA. (*Also known as the "Dual Approval Process.")
A provision is meant to deter representatives from exploiting vulnerable claimants?
What are
"Sanctions and Penalties"; Subsection (c): "Penalties for Unauthorized Fees"
This must be approved and authorized by the SSA, that withholds the dollar amount from the claimant's Past-Due-Benefits, in order for the representative to be paid for his/her service(s)?
What is,
"A fee."
The requirements needed for a representative to qualify for Direct Payment?
What is,
To qualify, non-attorney representatives must meet criteria such as passing an examination, maintaining adequate insurance coverage, and fulfilling continuing education requirements.
Must my fees be of my standard liking, when it comes to claimants needing assistance versus my guaranteed results?
What is
The fees must be "reasonable" and are subject to maximum limits set by the SSA.
True or False?:
Fees approved by the court are generally higher than those approved by the SSA due to the additional work involved in federal court proceedings.
What is
TRUE!
This happens to representatives who have been sanctioned and/or penalized.
What is
that violators may face sanctions, including suspension or disqualification from representing claimants before the SSA, pay a fine, and/or imprisonment for up to one year.
True or False?:
The "Administrative Fee" service charge is typically uncapped at no specific dollar amount or percentage, no matter which one.
What is,
FALSE;
The fee for this service is typically capped at a specific dollar amount (often $93) or a percentage of the fee (e.g., 6.3%), whichever is less.
Paraphrased definition of the term, "Fee Approval and Payment Rules."
What is,
a Non-attorney representatives who meet these criteria are subject to the same fee approval and payment rules as attorneys.