Form Cms-1696-U4 - Appointment Of Representative Page 2

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CHARGING OF FEES FOR REPRESENTING BENEFICIARIES BEFORE THE SOCIAL SECURITY ADMINISTRATION
An attorney, or other representative, who wishes, to charge
AUTHORIZATION OF FEE
a fee for services rendered in connection with a claim
The social security regulations contemplate that a
before the Social Security Administration is required by
representative will receive fair value for the services
law to obtain approval of the fee from the Social Security
performed before the Social Security Administration on
Administration or the Centers for Medicare & Medicaid
behalf of a claimant while at the same time giving a measure
Services (section 206(a) and 1631(d)(2) of the Social
of security to the beneficiaries. In approving a requested
Security Act; sections 404.1720 and 416.1520 of the Social
fee, the Social Security Administration or the Centers for
Security Administration Regulations Nos. 4 and 16,
Medicare & Medicaid Services considers the nature and type of
respectively). If the representative wishes to waive a fee or
services performed, the complexity of the case, the level of
to waive direct payment of the fee from past-due Social
skill and competence required in rendition of the services,
Security benefits, he may do so. Section III on the front of
the amount of time spent on the case, the results achieved,
this form can be used for that purpose.
the level of administrative review to which the
representative carried the claim and the amount of the fee
The form SSA-1560-U4, “Petition to Obtain Approval of a
requested by the representative. When a fee is authorized,
Fee for Representing a Beneficiary before the Social
both the representative and the claimant are notified and
Security Administration,” elicits the information required
allowed 30 days in which to request an administrative
to be submitted in support of fee petitions. It should be
review in case of disagreement.
completed by the representative after services are
completed and the original and the third carbon copy of the
CONFLICT OF INTEREST
SSA-1560-U4 filed with the office of the Social Security
Sections 203, 205 and 207 of Title XVIII of the United
Administration or the Centers for Medicare &
States Code make it a criminal offense for certain officers,
Medicaid Services which took the latest action on the
employees and former officers and employees of the
claim. The representative is required to furnish the
United States to render certain services in matters affecting
“Claimant’s/Beneficiary’s Copy” of the SSA-1560-U4
the Government or to aid or assist in the prosecution of
petition to the claimant for whom the services were rendered.
claims against the United States.
Social Security Administration approval of a fee is not
required where the fee is for services (1) rendered in an
official capacity such as that of legal guardian, committee,
or similar court-appointed office and the court has
approved the fee in question, (2) in representing the benefi-
ciary before a court of law, or (3) in representing the bene-
ficiary in a claim for reimbursement of medical expenses
exclusively handled by a private intermediary. Where a rep-
resentative has rendered services in a claim before the
Social Security Administration and a court of law, the reg-
ulations require that the amount of the fee to be charged, if
any, for services performed before the Social Security
Administration be specified. If any fee is to be charged for
such services, a petition for approval of that amount must
be submitted. In this connection a claim which has been
remanded by a court to the Social Security Administration
for further administrative proceedings is considered to be
before the Social Security Administration after the remand
by the court.

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