In the following title XVI only and concurrent titles II and XVI claims situations,
it is necessary to manually produce a title XVI fee notice:
-
•
Claimant has two or more representatives.
-
•
Spouse’s past-due benefits are included in the past-due benefits SSA uses to authorize
the representative’s fee and to pay the representative’s fee (if the representative
is eligible for direct payment).
-
•
SSA disapproves the fee agreement and withholds past-due benefits for possible direct
payment of a fee authorized under the fee petition process.
-
•
Claimant was overpaid for a prior period of eligibility. (Although it is necessary
to produce a manual fee notice when the claimant was overpaid for a prior period of
eligibility, it is not necessary to include information about the overpayment in the
fee notice. Unless the claim involves another reason for producing a manual notice,
follow the procedures in GN 03940.055C. or GN 03940.055D. to determine the notice content.)
-
•
The authorized fee is computed manually. (Refer to GN 03940.046C. for situations that require manual fee computation.)
-
•
SSA recomputes the claimant’s benefit and makes direct payment to the representative.
-
•
The appointed representative waives a fee.
If a request for administrative review of the authorized fee is filed, the reviewing
official modifies the previously authorized fee, and the amount of the assessment
changes, a manual notice to explain the assessment is necessary. Such a notice should
include text available in DPS, but may also require the CR to draft case specific
language. If there is no change in the assessment, a fee notice may not be required
because the reviewing official notifies the claimant and the representative of the
authorized fee amount resulting from the administrative review.
Language to produce a fee notice manually is in DPS. The templates for situations
that require a manual notice are in the “Initial Claims/Fee Agreement” section. Refer
to GN 03940.070 for further guidance on preparing manual fee notices in fee agreement cases.