The individual assigned responsibility for authorizing fees (e.g., reconsideration reviewer or claims technical expert (CTE)) in the processing center (PC):

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  Resolves or instructs others (e.g., the benefit authorizer (BA), post-entitlement technical expert (PETE), or claims specialist (CS)) about issues related to Title II benefit withholding, fee petitions, and direct payment of authorized fees from Title II past-due benefits;

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  Evaluates the fee petition and authorizes a reasonable fee for representation in cases decided at initial or reconsideration level (including Title XVI only); and

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  Notifies the field office (FO) when they authorize a fee in a Title XVI claim or concurrent Title II and Title XVI claims, and when they make a direct fee payment in concurrent Title II and Title XVI claims.

Generally, the job position assigned the fee reviewer responsibility in the PC performs some or all of these tasks:

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  Provides notice to the representative eligible for direct payment when the diary matures and the PC has not received a petition for a fee for services in administrative proceedings, a fee waiver, or a waiver of direct payment, and we are withholding past-due benefits.

  NOTE: If we receive information or discover that the representative is deceased, also provide notice to the entity's point of contact (POC) if there is a valid assignment or other individual listed in GN 03930.020A if the representative did not assign direct payment of their fee.

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  Follows the procedures in GN 03930.091 when the diary matures and the PC has not received an order from the court regarding a fee for services in court proceedings, a fee waiver, or a waiver of direct payment, and we are withholding past-due benefits.

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  Provides notice and other processing instructions on cases they decide.

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  Responds (see GN 03920.035D.) when an auxiliary beneficiary objects to our withholding from their past-due benefits for possible direct payment to the primary claimant's representative or to an eligible entity if there is a valid assignment as per GN 03920.021.

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  Instructs the BA or PETE to certify direct payment of the representative's fee from the Title II past-due benefits to the representative when the representative is eligible for direct payment, or to the entity if there is a valid assignment, and to initiate Title II overpayment recovery from the claimant when we have not withheld past-due benefits and efforts to collect from the claimant have been unsuccessful (see GN 03920.055).

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  Coordinates with the Office of the General Counsel (OGC) when (as GN 03920.055 discusses) we inadvertently do not withhold or prematurely release past-due benefits in a Title II or concurrent Title II and Title XVI court case.

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  Provides the BA or PETE with the language for our notices to the claimant and the representative when the Office of Hearings Operations (OHO) or Office of Appellate Operations (OAO) has increased or decreased a fee on administrative review (see GN 03950.050 for instructions).

Depending on local practice, the fee reviewer also may:

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  Contact OHO or OAO when the diary matures and the PC has not received a fee authorization, a fee waiver, or a waiver of direct payment, and we are withholding Title II past-due benefits.

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  Determine the proper amount for us to certify for direct payment from Title II past-due benefits withheld when the representative or entity has funds in a trust or escrow account.

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  Provide notice and other processing instructions on Title II cases OHO decides.

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  Instructs the BA or PETE to certify direct payment of the authorized fee and to release any excess Title II past-due benefits when OHO, OAO, or a court authorizes a fee.

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  Issue the initial and close-out letter in court cases when the attorney does not petition the court.