When the Social Security Administration (SSA) makes a favorable
determination or decision on a claim(s) or other matter involving a
fee agreement, the Office of Hearings Operations (OHO) or Office of
Appellate Operations (OAO) decision maker will notify the claimant and
the representative about the determination on the fee agreement in a
written notice separate from the decision on the claim.
Staff will use the appropriate template in the Hearings and Appeals
Case Processing System (HACPS), the Document Generation System (DGS),
or the Office of Appellate Operations Case Processing System (OAOCPS),
as applicable, when an attorney advisor, administrative law judge (ALJ),
or administrative appeals judge (AAJ) approves or disapproves a fee
agreement.
If the individual representative
validly assigned direct payment of their fee to an entity as described
in Program Operation Manual System (POMS) GN 03920.021, do not send a copy of
either notice to the entity's point of contact (POC), as the entity is
not a party to the fee agreement. The effectuating component may provide a
copy of the fee authorization notice to the POC, indicating the amount(s)
authorized and directly paid to the entity.
1. Fee Agreement Approved
If the OHO or OAO decision maker approved the fee agreement,
the notice will advise the claimant and the representative:
•
That the determination is limited to whether the fee
agreement meets the statutory conditions for approval and is not otherwise
excepted from the fee agreement process,
•
That they have the right to request administrative
review,
•
That they must request review of the determination
made on the fee agreement within 15 days of receiving the notice,
and
•
Where they should send a written request for
administrative review.
The notice the effectuating component sends will include information
concerning the actual fee amount authorized under an approved fee
agreement. The effectuating component's notice will also contain
information concerning the right to request administrative review of
the authorized fee amount within 15 days of receiving the notice. If
the representative validly assigned direct payment of their fee to an
entity, the effectuating component may provide a copy of the notice
specifying the fee authorized and what, if any, portion of that fee SSA
will pay the entity directly to the entity's POC as necessary to resolve
fee-related issues.
If the decision maker approves the
fee agreement, but the effectuating component determines there are no
past-due benefits, the effectuating component will advise the claimant
and the representative that:
•
There are no past-due benefits resulting from the
decision, and
•
SSA no longer approve the fee agreement between the
claimant and the representative, and the representative must file a fee
petition for authorization to charge and collect a fee.
2. Fee Agreement Disapproved
If the decision maker disapproved the fee agreement, the notice
will advise the claimant and the representative:
•
That they have the right to request administrative
review,
•
That they must request administrative review within
15 days of receiving the notice of the determination made on the fee
agreement, and
•
Where they should send a written request for
administrative review.