When the CR receives a fee agreement after the favorable determination has been input
into the system on a title II only claim or the title II portion of concurrent title
II and title XVI claims, but before SSA issues the title II notice of favorable decision,
the CR will:
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Fax the agreement and the fee agreement determination to the processing center (PC)
paperless fax number.
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Fax a cover sheet with the agreement and determination. On the cover sheet, include
a brief explanation of the situation and a reference to GN 03940.001B. and request that the material be directed to CA PROC for issuance of a corrected
notice with appropriate fee agreement language, including the fee agreement approval,
past-due benefit amount, authorized fee amount, and right to request administrative
review.
If the PC receives the fee agreement approval in time to incorporate the action into
the award notice, it will do so. However, in most cases, once the Earnings Computation
trigger is done, the PC will not receive the fee information in time to correct the
initial notice to the claimant to reflect the determination on the fee agreement.
In such a case, the PC must issue a corrected award notice to reflect SSA's approval
or disapproval of the fee agreement and, if the decision maker approved the fee agreement,
information on the payment of the fee.