On August 22, 2012, we announced in the Federal Register a schedule of standard administrative fees we charge to the public. We charge these fees to recover our full costs when we provide information and related services for non-program purposes. We are announcing an update to the previously published schedule of standard administrative fees. The updated standard fee schedule is part of our continued effort to standardize fees for non-program information requests. ...
Based on the most recent cost analysis, the following table provides the new schedule of standard administrative fees per request:
- Copying an Electronic Folder: $41.
- Copying a Paper Folder: $83.
- Regional Office Certification7: $64.
- Record Extract: $34.
- Third Party Manual SSN Verification: $36.
- Office of Central Operations Certification: $30.
- W–2/W–3 Requests: $90.
- Form SSA–7050, Request for Social Security Earning Information: $92.
- Requests for Copy of Original Form SS–5, Application for a Social Security Card: $21.
- Requests for Copy of Numident Record (Computer Extract of the SS–5): $20...
If they can update this, why can't they update the cap on how much attorneys can charge claimants for representation before the agency?
I'll tell you a secret, Charles. The people running the agency don't like legal reps. Get with the program here!
ReplyDeleteDon't mind legal reps. However , too often just don't follow the rules. No comment on whether or not they are fair or correct , just they are the rules. If you win an award , please just read the decision and make sure the decision maker addressed your fee. If not go back to them RIGHT away for a decision. If a fee agreement is disapproved then file a fee petition RIGHT away. There have been changes in how long SSA will let an unresolved fee linger. Just sayin'.
ReplyDeleteWould be nice if the agency would follow the rules also. Unfortunately, they don't think things like rules or laws apply to them.
ReplyDelete5:08 --Why such a hostile retort ? Too often representatives initiate an adversarial relationship. Let's work together with the understanding that there is a wide range of skill sets within SSA.
ReplyDelete@ 4:47PM "If a fee agreement is disapproved then file a fee petition RIGHT away."
ReplyDeleteThis is laughable and suggests that there is no post decision work that must still be done. I have a pile of cases where I am still waiting on the PC to issue the necessary Award Notice or where we have had to appeal an incorrect calculation of benefits. My oldest is approaching 2 years at present and I we are back at the hearing level appealing a deficient notice and underpayment on the original ALJ award. I would have loved to have filed my fee petition years ago had SSA done things right to begin with.
9:03 .. Nobody is laughing. It is easier to replace divots at the beginning when the decision maker ( ALJ /AAJ) has overlooked the fee issue. Agreed , there are PSC backlogs but also many fee petitions , even filed timely ,where the decision maker has failed to act. It all starts at the top. The more hands that touch a case the more opportunity for a foul up.
ReplyDelete@4:47. Apparently, SSA doesn't mind if unresolved fees linger. Decision issued May 29. Fee petition mailed June 11. This is Oct. 2 and still no response to fee petition. Perhaps SSA needs a rule on how long they have to rule on the fee petitions. If they don't rule on it within a certain amount of time, it should be deemed granted.
ReplyDeleteAttorney Fee Petitions. I receive a lot of Court and even Appeals Council Remands. I use a two tiered Fee Contract and thus I file a number of Attorney Fee Petitions. I also take cases where other attorneys (mainly "national" internet firms were involved).
ReplyDeleteI have great difficulty with the Attorney Fees as follows: 1.) Timeliness of the decisions; 2.) Unknown rationale in determining the amounts.
Since the virus hit in March I have encountered delay upon delay. In one case the Fee Petition for $10,000 plus had been filed on March 24th. On July 24th I contacted the OHO in writing. On July 27th I received a phone call from one of the management staff at the OHO involved. She said she sent the information to the ALJ upon receiving my letter. In other words the Petition sat somewhere gathering dust. The day after the call from the staff member I received a fee authorization in the amount of $6,000.00, a 40% cut. There was not written rationale as to the amount of the fee authorization.
I have, of course, appealed this matter to the Regional Chief ALJ. That process is usually successful for me but it generally takes 8 to 10 months or even longer.
I do not know how Attorney Fees are decided in other Regions. My cases are in the Dallas Region. My OHOs are in Oklahoma. The ALJs in Oklahoma as well as the Regional Chief ALJ makes the Attorney Fee Petition without rationale.
For the last 10 years I have been reminding them of HALLEX I-1-2-57 and the requirement that SSA Form 1178 MUST be completed. I have not received an answer about the written rationale involved with SSA Form 1178 except that they (ALJs) do not fill it out.
I believe that in some cases where fees have been cut someone has an "ax to grind." Some ALJs do not like to have their decisions overturned. Some ALJs do not like attorneys that get remands for their clients. Many of those ALJs take it out on the Attorney Fees.
I believe the following: 1.) SSA owes Administrative Due Process on all decision-making made by the agency; 2.) SSA owes Administrative Due Process to the determination of Attorney Fees; 3.) SSA controls property rights of attorneys with regard to attorney fees; 4.) SSA has a framework of Administrative Due Process. There is a system that includes the requirement of a written rationale in all cases (SSA Form 1178); 5.) The ALJs in the Oklahoma portion of the Dallas Region have denied Due Process to Attorneys by the way Attorney Fees are decided, i.e., only giving an amount of the fee and not providing reasoning for the fee amount.
Attorney Fee awards also have a further layer of due process in that the fee amount can be appealed one time after the first decision. Either to the Regional Chief ALJ for decisions made by an ALJ or to the Attorney Fee Branch of the Appeals Council for cases decided by the Regional Chief ALJ (cases involving more than $10,000).
I have a theory to throw out to resolve these problems. Filing a Federal law suit seeking a Writ of Mandamus. There is no right to file suit in Federal Court to appeal an attorney fee award. Some ALJs probably know that and therefore they act hard handed. The federal Court lawsuit would only be filed after all administrative action was complete and when no written rationale (SSA-1178) for the fee amount was present. The suit would ask SSA to do what appears to be a mandatory procedure (the word MUST is in the HALLEX).
In the Federal lawsuit I would propose to sue SSA and the ALJs individually. I would commence discovery, including depositions of the ALJs.
I would appreciate thoughts from anyone. I have about 10 remands coming up in the next five months.