Effective Dates: 12/18/2024 - Present Previous | Next

TN 35 (12-24)

GN 03930.080 Notifying Field Offices of Authorized Fees in Concurrent Claims Situations

A. Policy

The processing center (PC) must notify the servicing field office (FO) of any authorized fee(s) in concurrent claims situations because:

  • •

    The authorization of a representative's fee in concurrent claims situations generally requires that the claims specialist (CS) in the FO make one or more adjustments to the Supplemental Security Income record, as GN 03930.030C.4. explains. Also, the FO will reduce Title II income and compute the offset amount if the system has not made the adjustment.

  • •

    If we are withholding Title XVI past-due benefits for possible direct fee payment, the CS must release the withheld benefits to the representative, or entity if there is a valid assignment (see GN 03920.021), and/or the claimant; and/or recoup any outstanding prior overpayment as the circumstances in the case warrant.

NOTE: Individual PCs may designate employees in a position other than the benefit authorizer (BA) or benefit technical examiner (BTE) position (e.g., the reconsideration reviewer) as responsible for notifying the FO.

B. Definition of Concurrent Claim

For purposes of this subsection, "concurrent claim" means any claim or asserted right under Title II of the Social Security Act when the claimant also filed a claim for Title XVI payments, at either the same time or any time in the past, whether the Title XVI claim was allowed or denied.

C. Procedure

The PC will do the following in concurrent claims situations.

1. Notify the FO

a. Fee We Authorize

  • •

    For claims decided at the initial or reconsideration level, see GN 03930.110C. for FO notification procedures.

  • •

    In the PCs, the adjudicating technician will send the fee determination to the FO using MDW, and the e4345 will also include information about any approved fee or any amounts being withheld for possible fee payment. The adjudicating technician will add a special message to the MBR.

b. Fee Authorized by a Court

  • •

    Verify the court order authorizing the fee is in the claim(s) file and Evidence Portal.

  • •

    In the PCs, the adjudicating technician will send the fee determination to the FO using MDW, and the e4345 will also include information about any approved fee or any amounts being withheld for possible fee payment. The adjudicating technician will add a special message to the MBR.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203930080
GN 03930.080 - Notifying Field Offices of Authorized Fees in Concurrent Claims Situations - 12/18/2024
Batch run: 12/18/2024
Rev:12/18/2024