Form SSA-1560 is the Petition to Obtain Approval of a Fee for Representing a Claimant Before the Social Security Administration, and you fill it out by listing your services, time spent, expenses, and the fee you want, then signing under penalty of perjury and serving a copy on the claimant before mailing it to the SSA office that made the favorable decision. You file this form when you did not use a two-year fee agreement, when the case fell outside the fee agreement cap, or when the agreement was disapproved, and the decision-maker (an SSA field office, an Administrative Law Judge, or the Appeals Council) reviews the petition under the reasonableness factors in 20 C.F.R. § 404.1725.
The governing law is 42 U.S.C. § 406(a), which makes it a federal crime for any representative to charge or collect a fee for Social Security work without written SSA approval, even when the client wants to pay. The Supreme Court reinforced this rule in Gisbrecht v. Barnhart, 535 U.S. 789 (2002), and the agency’s internal procedure is laid out in the POMS GN 03930 series and HALLEX I-1-2. Fee petitions are common: in fiscal year 2024, the SSA reported approving fees in roughly 350,000 representation matters, and a majority of non-cap cases moved through the SSA-1560 process.
In this guide you will learn:
- 📝 How to complete every line of Form SSA-1560 without triggering a return for correction
- ⚖️ How the reasonableness factors in the regulation shape what fee SSA will actually approve
- 💡 Three named scenarios showing real petition outcomes for attorneys and non-attorneys
- 🚫 The seven mistakes that most often delay or reduce approved fees
- ❓ Ten plain-English answers to the questions claimants and reps ask most
What Form SSA-1560 Is and Why It Exists
Form SSA-1560 is the petition a representative submits after the Social Security Administration issues a favorable decision so the agency can authorize the fee that the representative may charge the claimant. The form lives at the intersection of consumer protection and professional regulation: Congress did not want disabled or retired claimants to be overcharged by lawyers or non-attorneys who handle their claims. The current PDF version is hosted on the SSA forms library and is updated periodically; always download the latest copy before filing.
The petition path is one of two ways representatives get paid. The other path is the fee agreement under 42 U.S.C. § 406(a)(2), submitted on Form SSA-1693 before the favorable decision and capped at a statutory dollar amount the Commissioner sets by notice. When a fee agreement is approved, you do not file SSA-1560. When the agreement is disapproved, when the case is remanded, or when the fee will exceed the cap, you must use the petition.
The legal consequence of skipping SSA-1560 is severe. Under 20 C.F.R. § 404.1740, a representative who collects an unauthorized fee can be suspended or disqualified, ordered to refund every dollar, and referred for criminal prosecution. The misconception that “the client agreed to pay me, so SSA does not need to approve it” is wrong and dangerous; private retainers do not override the statute.
The Two-Track Fee System in Plain English
The agency uses a two-track system because some cases are simple and predictable while others are complex and drawn out. The fee agreement track is fast: you file one short form, you stay under the cap (set at $9,200 by the Commissioner’s 2024 notice and continued through 2026), and SSA approves it almost automatically when the criteria are met.
The petition track is slower and more detailed. You document every hour, every phone call, every brief, and every cost. SSA then weighs your work against the reasonableness factors and issues a written authorization. The consequence of choosing the wrong track is delay; for example, a representative who files a fee agreement on a case that gets remanded twice and exceeds the cap will eventually have to start over with SSA-1560.
A real-world example helps. Maria, a non-attorney EDPNA in Phoenix, took a Title II disability case that won at the third hearing after two remands. Past-due benefits totaled $58,000. The 25% cap would yield $14,500, well above the $9,200 fee-agreement ceiling, so Maria correctly used SSA-1560 and asked for $11,800 based on 47 hours of documented work.
When You Must Use SSA-1560 Instead of SSA-1693
You must use SSA-1560 in five situations spelled out in POMS GN 03930.001. The first is when no fee agreement was ever filed. The second is when the fee agreement was disapproved by the decision-maker. The third is when the case was decided by the Appeals Council or a federal court and the agreement does not apply. The fourth is when the representative wants more than the statutory cap. The fifth is post-eligibility work (overpayment waivers, continuing disability reviews) where fee agreements are not allowed.
The consequence of guessing wrong is a returned petition and a delay of weeks or months. A common misconception is that you can file both forms “to be safe”; you cannot, and doing so signals confusion to the adjudicator.
Line-by-Line Walkthrough of Form SSA-1560
The form has a header block, six numbered sections, a fee-and-expense block, and a signature block. Every entry must be legible, consistent with the case file, and supported by contemporaneous time records. The official instructions are printed on the form itself and explained in greater depth at POMS GN 03930.020.
You must serve the completed petition on the claimant before filing it with SSA, and you must keep proof of service. The legal basis is 20 C.F.R. § 404.1720(b), which gives the claimant 20 days to object. Skipping service voids the petition.
Header Block: Claimant and Wage Earner Information
The header asks for the claimant’s full legal name, the wage earner’s name (if different, as in a child’s auxiliary claim), and the Social Security number under which the claim was filed. Use the exact spelling from the Notice of Award; a mismatch will route the petition to the wrong file.
The consequence of a number mismatch is that the SSA mailroom may shred the petition as unmatched mail. James, an attorney in Atlanta, lost three weeks because he typed his client’s spouse’s SSN; the petition came back and the 60-day administrative clock kept running.
A common misconception is that SSA staff will “figure out” small typos. They will not; the Modernized Claims System matches on exact identifiers.
Section 1: Services Rendered
This is the narrative heart of the petition. List every service you performed, in chronological order, with dates. Examples include the initial intake interview, drafting the application, gathering medical records, preparing a pre-hearing brief, attending the hearing, and reviewing the favorable decision. The HALLEX I-1-2-12 guidance tells ALJs to look for specificity here.
The consequence of vague entries like “case work” or “client communication” is a reduced fee. The decision-maker cannot weigh effort they cannot see.
A real example: Priya, a disability attorney in Newark, lists 14 line items including “5/4/2025 — drafted 12-page on-the-record request citing Listing 12.04,” not “worked on case.” Her petitions are routinely approved at the requested amount.
Section 2: Amount of Fee Requested
State the dollar amount in numerals and words. The amount must be reasonable in light of the § 404.1725 factors: the extent and type of services, the complexity of the case, the level of skill and competence required, the amount of time spent, the results achieved, the level of administrative review reached, and the fee customarily charged in the area.
The consequence of asking for an unreasonably high fee is partial approval and a written reduction order, which the representative may protest within 30 days under POMS GN 03960.001.
A common misconception is that asking for 25% of past-due benefits is automatic. It is not; for petitions, there is no statutory percentage, and the decision-maker may approve more or less.
Section 3: Amount of Fee Charged or to Be Charged by Anyone Else
If a co-counsel, prior representative, or referring attorney also worked on the case, list every person and the amount each will charge. The total approved across all representatives is what SSA controls. The rule is in 20 C.F.R. § 404.1730.
The consequence of hiding a prior representative is disqualification proceedings under the agency’s sanction rules.
For example, Daniel, a Houston attorney who took over a case from a withdrawn firm, lists the prior firm’s $1,200 petition alongside his own $4,800 request. SSA reviews both and authorizes a combined $5,500.
Section 4: Amount of Expenses
Enter only out-of-pocket expenses, not fees. Allowable items typically include medical record copy charges, expert report fees, travel mileage at the GSA rate, and postage for certified mail. Itemize each expense with a date and a vendor.
The consequence of bundling expenses with fees is a returned petition; expenses are reimbursed by the claimant, not withheld from past-due benefits, and SSA does not approve them in the same way it approves fees.
A misconception worth correcting: SSA does not “pay” expenses out of withheld benefits. The representative collects expenses directly from the client, and SSA only notes that the amount is reasonable.
Section 5: Amount Already Received
Disclose any retainer, advance, or partial payment already collected, including funds held in trust. The figure is cross-checked against the trust accounting rules of the state bar where the representative practices.
The consequence of omission is a fraud referral. SSA’s Office of the Inspector General, accessible through the OIG fraud reporting page, investigates undisclosed payments aggressively.
Section 6: Signature, Date, and Service
Sign in ink (or with an SSA-accepted electronic signature under POMS GN 00201.015), date the petition, and certify that you served the claimant. Provide the date of service and the address used.
The consequence of an unsigned petition is automatic rejection. Lena, a non-attorney representative in Tampa, learned this when her electronic filing dropped the signature image; the petition was returned and her client’s review window restarted.
Three Real-World Petition Scenarios
The following named-scenario tables show how Sections 1 through 6 come together. Each table reflects fact patterns drawn from publicly available ALJ fee decisions summarized in agency training materials.
Scenario A: Maria, EDPNA in Phoenix, Title II Adult Disability
| Petition Element | Outcome |
|---|---|
| Past-due benefits | $58,000 after two remands |
| Hours documented in Section 1 | 47.0 hours over 28 months |
| Fee requested in Section 2 | $11,800 (above the $9,200 cap) |
| ALJ ruling under § 404.1725 | Approved at $11,200 |
| Reduction reason cited | One block of 6.0 hours marked “case review” lacked specificity |
| User fee withheld | $117 maximum under SSA’s 6.3% assessment |
Scenario B: James, Attorney in Atlanta, Concurrent Title II and Title XVI
| Petition Element | Outcome |
|---|---|
| Past-due Title II benefits | $42,000 |
| Past-due Title XVI benefits | $9,400 (windfall offset applied) |
| Hours documented | 31.5 hours including federal-court remand |
| Fee requested | $10,500 plus $312 in record costs |
| Decision-maker | Appeals Council after voluntary remand |
| Approved fee | $10,500 in full; expenses noted reasonable |
Scenario C: Priya, Attorney in Newark, Post-Eligibility Overpayment Waiver
| Petition Element | Outcome |
|---|---|
| Issue | $7,800 overpayment waiver granted |
| Past-due benefits | None — fee agreement track unavailable |
| Hours documented | 9.2 hours, hearing-level |
| Fee requested | $1,650 |
| Authority for petition-only path | POMS GN 03930.001(C) |
| Approved fee | $1,650 collected directly from claimant; no withholding |
Named Examples Beyond the Tables
Daniel Okafor, a Houston attorney, represents a 58-year-old former welder with degenerative disc disease. He files SSA-1560 after the ALJ approves the claim with $73,000 in past-due benefits. Daniel’s 53-hour log includes a vocational expert cross-examination transcript citation. The ALJ approves $14,200, slightly above 25% but justified by the specialized vocational analysis and the Medical-Vocational Guidelines argument Daniel briefed.
Lena Park, a non-attorney EDPNA in Tampa, handles a Title XVI child SSI claim. She petitions for $4,300 on 19.5 hours and receives full approval because she met the non-attorney representative standards and itemized her work clearly.
Robert Ng, an attorney in Seattle, takes a continuing disability review (CDR) case after his client’s benefits are ceased. There is no past-due-benefit pool, so Robert collects directly from the claimant. He still files SSA-1560 because the statute requires authorization for any fee, even when the client pays out of pocket. The ALJ approves $2,900 on 12 hours.
Mistakes to Avoid When Filing SSA-1560
Each mistake below carries a real consequence drawn from POMS GN 03930.040 and from published ALJ fee decisions.
- Filing before the favorable decision is issued. SSA will return the petition because there is no decision to attach the fee to, and you lose calendar time.
- Forgetting to serve the claimant. The decision-maker cannot rule on an unserved petition under 20 C.F.R. § 404.1720(b), and the petition sits in limbo.
- Using vague time entries. Entries like “worked on file” lead to line-item reductions because the adjudicator cannot evaluate the work.
- Mixing fees and expenses in one number. SSA approves fees and notes expenses separately, and bundling them triggers a return for clarification.
- Omitting prior representative fees. Concealment violates the SSA Rules of Conduct and can lead to suspension.
- Charging the user fee to the client. The 6.3% user fee assessment is the representative’s cost and cannot be passed through.
- Missing the 30-day administrative review window. Under POMS GN 03960.001, a representative who disagrees with the approved amount must protest within 30 days or waive review.
- Using an outdated form. Older versions of SSA-1560 lack required certifications, and SSA will reject them.
- Filing in the wrong office. Petitions go to the office that issued the favorable decision, not the field office, per HALLEX I-1-2-15.
Reasonableness Factors That Drive the Approved Fee
The seven § 404.1725(b) factors are not a checklist; they are a balancing test. The decision-maker weighs the extent and type of services, the complexity of the case, the skill and competence required, the time spent, the results achieved, the level of review reached, and the customary local fee. The Supreme Court’s analysis in Gisbrecht — although decided under § 406(b) for federal-court fees — informs how agency adjudicators think about reasonableness at the administrative level.
The consequence of ignoring these factors is a reduced fee with no realistic appeal, because the standard of review under POMS GN 03960.020 is highly deferential to the original decision-maker. A common misconception is that “more hours = more fee.” The factors expressly include results achieved, so a 60-hour case with a partially favorable decision may yield less than a 20-hour case with a fully favorable onset date won at step three.
A practical example clarifies the point. Priya in Newark wins a fully favorable on-the-record decision in 9 hours; her $3,200 petition is approved because the results factor is high and the skill factor is evident in her brief. By contrast, a representative who logs 40 hours on a denied case and wins only a partial onset on appeal may see a much smaller approved fee.
SSA-1560 vs. SSA-1693: Choosing the Right Track
Representatives often ask whether to use the fee petition (SSA-1560) or the fee agreement (SSA-1693). The choice is governed by 42 U.S.C. § 406(a)(1)–(2), and each path has trade-offs.
| Feature | SSA-1560 Petition | SSA-1693 Agreement |
|---|---|---|
| When filed | After favorable decision | Before favorable decision |
| Statutory cap | None; bounded by reasonableness | $9,200 (2024 Federal Register notice, effective through 2026) |
| Detail required | Itemized hours, services, expenses | One-page agreement, no itemization |
| Typical processing time | 30–90 days | 14–30 days |
| Best for | Complex, multi-remand, post-eligibility | Standard initial-claim wins under cap |
| Appeal of approved amount | 30 days under GN 03960 | 15 days under POMS GN 03940 |
Do’s and Don’ts for SSA-1560 Filings
- Do keep contemporaneous time records, because reconstructed logs invite skepticism from ALJs trained under HALLEX I-1-2-50.
- Do serve the claimant by certified mail, because proof of service protects you if the claimant later objects.
- Do itemize expenses separately from fees, because SSA processes them under different rules.
- Do include the Notice of Award date in your petition, because the date establishes the decision-maker’s jurisdiction.
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Do keep a copy of every petition for at least seven years, because the SSA OIG may audit representative practices.
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Don’t file SSA-1560 in fee-agreement cases that stayed under the cap, because the agreement controls.
- Don’t ask for a flat percentage without supporting hours, because the petition track is not percentage-based.
- Don’t include legal-research time that does not advance the claimant’s case, because the time-spent factor weighs useful work.
- Don’t charge interest, late fees, or financing costs, because SSA does not authorize them.
- Don’t assume an oral fee discussion with the client meets the written-approval rule, because § 406(a) requires written agency authorization.
Pros and Cons of the Petition Track
- Pro: No statutory cap, so high-value or long-running cases can be compensated fairly.
- Pro: Post-eligibility cases (overpayments, CDRs, work-CDR ceasings) can be billed when no past-due benefits exist.
- Pro: Multiple representatives can be paid in proportion to their work.
- Pro: Federal-court remands and Appeals Council reversals are accommodated.
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Pro: Detailed records create a defensible audit trail under SSA OIG review.
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Con: Processing time is longer because adjudicators must weigh the seven factors.
- Con: Reductions are common when documentation is weak.
- Con: Administrative review is deferential; reversing a reduction is hard.
- Con: The 30-day protest window is short and easy to miss.
- Con: Out-of-pocket expenses must be collected directly from the client, increasing collection risk.
Process Timeline From Favorable Decision to Payment
Step one is receiving the Notice of Award from the SSA payment center or ALJ office. Step two is calculating past-due benefits and documenting hours. Step three is drafting and serving SSA-1560 on the claimant. Step four is filing with the office that issued the favorable decision, attaching time records and expense receipts. Step five is the 20-day claimant-objection window under § 404.1720. Step six is the decision-maker’s written authorization. Step seven is SSA’s release of withheld funds, minus the user fee.
The consequence of skipping any step is delay or denial. A common misconception is that the payment center handles fees automatically; in petition cases, the payment center waits for the decision-maker’s signed authorization before releasing anything.
Recap of Relevant Rulings and Guidance
The most important precedent for representative fees is Gisbrecht v. Barnhart, 535 U.S. 789 (2002), which clarified that contingent-fee agreements are valid in Social Security work but always subject to a reasonableness check. The agency’s reading of Gisbrecht at the administrative level is captured in POMS GN 03930.020. The ALJ-level procedure is laid out in HALLEX I-1-2, and the regional Office of Hearings Operations (OHO) maintains internal training materials accessible through the SSA agency portal. While there is no formal regional variation in the regulation, practitioners report that hearing offices in the Boston, Atlanta, and Denver regions tend to scrutinize time entries more closely, while offices in some western regions approve at the requested amount more often.
The conduct rules backing all of this are at 20 C.F.R. § 404.1740, and disciplinary outcomes are published on the SSA representative conduct page. A representative who is suspended cannot collect any fee, even on cases pending at the time of suspension.
FAQs
Do I have to file SSA-1560 if my client is paying me directly out of pocket?
Yes. Any fee for representational services before SSA requires written agency authorization under 42 U.S.C. § 406(a), regardless of who pays.
Is there a dollar cap on fees approved by petition?
No. Petitions are bounded by reasonableness under § 404.1725, not by the $9,200 statutory cap that applies only to fee agreements.
Can a non-attorney representative file SSA-1560?
Yes. Eligible non-attorneys who meet the EDPNA standards may file petitions, but they must satisfy the same documentation rules attorneys follow.
Must I serve the claimant before filing the petition?
Yes. Service is required by 20 C.F.R. § 404.1720(b), and the petition is incomplete without proof of service.
Can I appeal a reduced fee?
Yes. A representative may seek administrative review within 30 days under POMS GN 03960.001, but the standard is deferential.
Does SSA pay the fee directly to me?
Yes, in most Title II cases SSA withholds 25% of past-due benefits and pays the approved fee to the representative, minus the user fee, under § 406(a)(4).
Can I charge the user fee to my client?
No. The 6.3% assessment, capped at $117, is the representative’s responsibility per the SSA user-fee notice.
Is SSA-1560 used for federal-court attorney fees under § 406(b)?
No. Federal-court fees follow 42 U.S.C. § 406(b) and are awarded by the district court, not by petition to SSA.
Can I file SSA-1560 electronically?
Yes. Many hearing offices accept petitions through the Electronic Records Express portal, but the signature and service rules still apply.
Do post-eligibility cases (overpayments, CDRs) require SSA-1560?
Yes. Fee agreements are unavailable for post-eligibility work under POMS GN 03930.001(C), so the petition is the only path to authorized payment.
Can two representatives split a fee on one case?
Yes. Multiple representatives may share an approved fee, but each must be listed in Section 3 and the total must be reasonable under § 404.1730.
Will SSA reject a petition with handwritten time entries?
No. Handwritten contemporaneous logs are acceptable so long as they are legible and specific, consistent with HALLEX I-1-2-50.
Related reading
- How to Fill Out Form SSA-1691 (w/Examples) + FAQs
- How to Fill Out Form SSA-1693 (w/Examples) + FAQs
- How to Fill Out Form SSA-1696-SUP1 (w/Examples) + FAQs
- How to Fill Out Form SSA-1699 (w/Examples) + FAQs
- How to Fill Out Form SSA-770-U4 (w/Examples) + FAQs
- How to Fill Out Form SSA-3379-BK (w/Examples) + FAQs
- How to Fill Out Form SSA-8001-BK (w/Examples) + FAQs