We are located in Bellingham, Whatcom County, Washington. 

Consultation is FREE

For Disability Issues there is NO fee paid by you

when we WIN

ALL fees are paid by the Social Security Office

No Legal Fees, Unless You Win (Excluding Costs)

The Social Security Fee Agreement Process

The Social Security Administration has strict rules about fees.  SSA requires a written fee agreement signed by the claimant and the appointed representative specifying the fee the representative expects to charge and collect, and the claimant expects to pay, for services the representative provides in pursuing the claimant's benefit rights in proceedings before SSA.  SSA must approve the fee agreement, the representative must submit it before the date of the first favorable decision. If the representative does not submit a fee agreement by that date, SSA assumes the representative either will file a fee petition or waive a fee.

Usually, if the representative submits a fee agreement before the date SSA makes a favorable decision, SSA will approve the fee agreement.  Once SSA approves the fee agreement, the fee specified in the agreement is the maximum fee the representative may charge and collect for all services in the claim.

The fee agreement and fee petition processes are not interchangeable. However, if a representative elects the fee agreement process but SSA does not approve the agreement, or if an SSA reviewing official upholds a disapproval of a fee agreement, the representative must file a fee petition to SSA to charge and collect a fee.

SSA must consider a fee agreement for approval under the fee agreement process through all levels of the administrative appeals process.

The Social Security Fee Petition Process

A fee petition is a written statement signed by a representative requesting the fee the representative wants to charge for services provided to the claimant in regards to their claims before the Social Security Administration.

A representative who elects to use the fee petition process typically files the petition after the close of the case.  SSA will authorize a reasonable fee for the the services.  A fee petition is required if any of the following applies:

• There is no written fee agreement.
  
• SSA did not approve the fee agreement.
  
• 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, or the past-due benefits are extremely small in relation to the work performed on the case. 

A representative cannot file a fee agreement and a fee petition. 

Other Fee Schedules are available by calling

Tel: 360.392.3997

If you have any questions or comments, please feel free to contact us at:
Tel: 360.392.3997

Thank You

Section 206(b) Fees.

Section 206(b) of the Social Security Act authorizes a federal court that makes a favorable Title II decision to award an attorney reasonable fees for services in proceedings before the court. The attorney’s fee may not exceed 25 percent of the claimant's title II past-due benefits. This fee is in addition to the fee, if any, the SSA authorizes for proceedings at the administrative level. If a court awards a fee under this provision, SSA will certify direct payment of up to 25 percent of the title II past-due benefits. However, SSA withholds a maximum of 25 percent of past-due benefits for payment of fees, whether authorized by SSA, a court, or both. There is no similar statutory provision regarding an attorney’s fee in a title XVI or SSI case, and there is no provision for direct payment to the attorney from withheld title XVI or SSI benefits. 

Equal Access to Justice Act (EAJA) Fees. 

Section 5 U.S.C. 504, 28 U.S.C. 2412 authorizes an attorney to obtain reimbursement of expenses incurred (legal fees, expert fees, etc.) when representing a litigant in a court action and certain administrative proceedings involving a government agency; stipulates that reimbursement of legal fees and other expenses applies only with respect to proceedings in which the party prevails against the Social Security Administration, and only if the court finds that the position of the government was not substantially justified; and provides that when an attorney received fees for the same work under both section 206(b) of the Social Security Act and EAJA, the attorney must refund to the claimant the amount of the smaller fee. 

1313 E. Maple St. #201-453 Bellingham, WA 98225