Effective Dates: 12/09/2024 - Present Previous | Next

TN 51 (12-24)

GN 03940.009 Payment of Representative’s Fee - Death of a Party

A. Claimant dies before SSA issues a favorable decision

If a claimant or representative submitted an otherwise valid fee agreement and the claimant dies before we issue a favorable determination or decision, the decision maker will approve the fee agreement and we will send notice to the parties as described in GN 03940.008.

NOTE: Refer to GN 03940.003D.6. for the policies that may apply when a representatives dies before we issue a favorable decision.

1. Past-due benefits payable

In the above situation, we will continue processing the representative's fee under the fee agreement process only if adjudication results in past-due benefits. An underpayment must be payable to the individuals in the order of priority listed in GN 02301.030A.1., Statutory Order for Payment, for Title II cases. For Title XVI cases, refer to SI 02101.003A. In concurrent Title II and Title XVI cases, the fee agreement approval remains valid if either a Title II or Title XVI underpayment is payable.

For policy on direct payment of the authorized fee, see GN 03920.016B.

2. No past-due benefits payable

If we determine that no one is eligible for the underpayment (in concurrent Title II and Title XVI cases this would mean that either there was no underpayment due under either Title or there was no one eligible to be paid the underpayment under the rules for Title II or Title XVI underpayments), we will rescind the fee agreement approval. In such a situation, the fee agreement no longer meets the statutory requirement that the claim or post-entitlement or post-eligibility action results in past-due benefits (refer to GN 03940.003). We will notify the representative using the paragraphs entitled “Fee Agreement Subsequently Disapproved – No Past-Due Benefits.” The rescission will follow the same general principles expressed in the notice paragraphs listed in GN 03940.055C.3.a.

If there are no known survivors of the deceased claimant or, for Title II purposes, no legal representative of the estate, we will mail the determination rescinding the approval to the estate of the deceased at the deceased's last known address. We will also inform the representative that they must file a fee petition with us for authorization to charge and collect a fee.

B. Party dies after a favorable decision is issued

If a claimant or representative submitted an otherwise valid fee agreement and either party dies after we issue a favorable decision, the decision maker will approve the fee agreement, under the conditions defined in GN 03940.003, and we will send notice to the parties as provided in GN 03940.008C. If the representative is the deceased party follow the instructions in GN 03940.003C.4. to determine what information can be disclosed to the deceased representative's estate.

In the above situation, we will continue processing the representative's fee under the fee agreement process only if adjudication results in past-due benefits.

In the case of a deceased representative who was eligible for direct payment but who did not validly assign direct payment to an entity, we will certify direct payment of the representative's fee only to the executor or other person the State recognizes as the representative of the deceased representative's estate.

If the representative validly assigned direct payment of an authorized fee to an entity, the decision maker can still certify direct payment to the entity in the event of the representative’s death.

 

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203940009
GN 03940.009 - Payment of Representative’s Fee - Death of a Party - 12/09/2024
Batch run: 03/25/2025
Rev:12/09/2024