Updated 12/04/2012 12:04 PM |
ID# 601
Does Social Security withhold past-due benefits to pay all fees for representation?
No. Social Security authorizes and processes direct payment to an appointed representative when:
- A valid fee agreement or fee petition exists;
- The representative is eligible for direct payment; and
- A favorable determination is made resulting in past-due title II and title XVI benefits.
If Social Security authorizes a fee greater than the amount of past due benefits withheld, the claimant must pay the difference to the representative.
Social Security is not responsible for direct payment if:
-
There is no valid fee agreement or fee petition,
-
The representative is not eligible for direct payment,
-
The fee has been waived by the representative,
-
The representative works for a legal service organization that provides services free of charge and is not collecting a fee,
-
A third party agreed to pay the fee, or
-
There are no past due benefits payable.
We also do not withhold benefits for potential direct payment of fees to any representative whose appointment is no longer in effect as a result of a final disqualification or suspension decision by the Office of General Counsel, or a withdrawal or revocation of appointment that occurs before a favorable decision.
Give us some feedback.
Did this answer your question?
Please tell us why this did not answer your question, and how we can make it more useful. Please do not include your Social Security Number or any other personal information since we only collect your responses to help us improve our answers.
Sorry, we cannot respond to your feedback.
Call Us
E-mail Us
Find an Office
Write Us
You are exiting the Social Security Administration's website.
Select OK to proceed.
Disclaimer
The Social Security Administration (SSA) website contains links to websites not affiliated with the United States government. These may include State and Local governmental agencies, international agencies, and private entities.
SSA cannot attest to the accuracy of information provided by such websites. If we provide a link to such a website, this does not constitute an endorsement by SSA or any of its employees of the information or products presented on the non-SSA website.
Also, such websites are not within our control and may not follow the same privacy, security or accessibility policies. Once you visit such a website, you are subject to the policies of that site.