NOSSCR Topic Archive

New Fee Cap Increase Effective June 22, 2009

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There are new HALLEX and POMS provisions to implement the fee cap increase to $6,000, in fee agreement cases, effective June 22, 2009:

• HALLEX I-5-1-18
  Increased Dollar Cap for Fee Agreements (issued June 19, 2009)

• POMS GN 03943.005
  Policy Overview for Increased Specified Dollar Cap on Fee Agreements

• POMS GN 03940.003
  Fee Agreement Evaluation

SSA raised the statutory fee cap in fee agreement cases from $5,300 to $6,000, effective June 22, 2009. 74 Fed. Reg. 6080 (Feb. 4, 2009).

See the March 2009 Forum for additional details, including SSA-approved language for "escalator" clauses to cover future cap changes in fee agreements.

The SSA announcement does not include a provision for an annual cost-of-living adjustment. An automatic COLA adjustment can be put into effect only by legislation. We will continue our efforts to have a COLA provision enacted.