A claimant may appoint an individual (attorney or non-attorney) to provide representational services in matters before us. A representative who wants to charge or collect a fee for services provided in any proceeding before us must first obtain our authorization, except when the conditions described in GN 03920.010 apply. Additionally, a Federal court may authorize fees to an attorney for representation provided before the court.

For a general overview of representation and representative's fees, see GN 03910.020 and GN 03920.001.

For policies and specific procedures that apply to the fee petition process, see GN 03930.001.

For policies and specific procedures that apply to the fee agreement process, see GN 03940.001. For information and instructions about the Rules of Conduct and Standards of Responsibility for Representatives, including fee violations, see GN 03970.010.

1. Affiliate: To associate with an entity through our prescribed registration process.

2. Assignment: The transfer of the right to receive direct payment of an authorized fee from a representative to an entity. For more information about assignments, see GN 03920.021.

3. Concurrent claim: The term is used when an individual has a claim for benefits pending at the same level of review under both Titles II and XVI of the Social Security Act (Act). For more information on how we define the Title XVI past-due benefits amount in concurrent Title II and Title XVI claims, see GN 03920.031A.2.

4. Date of the first favorable determination or decision: The date of the first favorable determination or decision is the date on:

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  The notice of award at the initial and reconsideration levels.

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  The notice of decision at the hearing or Appeals Council levels.

IMPORTANT: As used in this sub-chapter, the "date we notify the claimant of the first favorable determination or decision" and the "date of the first favorable determination or decision" have the same meaning and refer to the same date.

5. Dual entitlement: Dual entitlement is when a claimant may be entitled to more than one type of benefit under the same title of the Act. (e.g., disability insurance benefits on their own record and surviving child benefits on a deceased number holder's record). Note that this differs from concurrent claims, which involve benefits under more than one title.

6. Entity: Any business, firm, or other association, including but not limited to partnerships, corporations, for-profit organizations, and not-for-profit organizations.

7. Fee agreement: A written statement, signed by the claimant and their representative(s), specifying the fee that the representative expects to charge and collect, and that the claimant expects to pay, for the representative's services provided before us.

8. Fee authorization date: The fee authorization date is the date we notify the claimant and representative of the authorized fee amount under either the fee agreement or fee petition process.

For more information on the authorization date, adjustments to past-due benefits withholding amount, or the representative's authorize fee amount, see GN 03920.040A.

9. Fee payment date:

a. The fee payment date is:

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  The day after the input action is processed by the technician in the field office (FO) or processing center (PC) when the fee payment is initiated through the Modernized Claims System (MCS), Manual Adjustment Credit and Award Processes (MADCAP), Report of Contact page; or

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  The day that payment is set in PAID status by the technician in the FO or PC when the fee payment is manually issued in the Single Payment System (SPS) and set to PAID.

b. The fee payment date is never:

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  The date of the notice generated in connection with the fee payment; or

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  The date the Department of the Treasury issues the actual check.

10. Fee petition: A written statement signed by the claimant's representative, requesting the fee the representative wants to charge and collect for representational services they provided in pursuing the claimant’s benefit rights in proceedings before us.

11. Ineligible for direct payment entity (IDPE): An entity that we have determined is not eligible to receive direct payment of authorized fees from us. For more information about IDPEs, see GN 03920.052.

12. Point of Contact (POC): An individual who registers as a representative in the manner we prescribe, is selected by an entity to speak and act on the entity’s behalf, and who assumes the affirmative duties and obligations we prescribe. For more information on the POC, see GN 03920.021.

13. Registration: The process by which an individual or entity provides the information we require to conduct business with us.

14. Registration, Appointment, and Services for Representatives (RASR): The application we use to store and manage information about representatives, entities, appointments, and direct payment data, and to send automated notices to representatives and entities.

15. Representative: An attorney or individual other than an attorney who meets all of our requirements and is appointed to represent claimants in dealings with us. In subchapter GN 03920.000, and for the purposes of our rules of conduct and standards of responsibility for representatives, “representative” also includes an individual who provides representational services and an individual who is listed as a POC for an entity, as applicable to their identified role.

16. Representative Identification (RepID): The 10-character identifier we issue to representatives to use instead of their Social Security number (SSN). A representative must use the RepID on our forms when requested. We assign Rep IDs when representatives register with us.

17. Representational services: Services performed for a claimant in connection with any claim the claimant has before us, any asserted right the claimant may have for an initial or reconsidered determination, and any decision or action by an administrative law judge or the Appeals Council.

To obtain our authorization to charge and collect a fee, a representative must use one of two mutually exclusive fee authorizations processes: the fee agreement process or the fee petition process. Unless a specific situation dictates otherwise, a representative may choose between the fee agreement or fee petition processes. The two fee authorization processes are not interchangeable. We will not authorize a fee under both processes in the same case.

Unless the representative or claimant files a fee agreement before the date we make the first favorable determination or decision the representative worked towards achieving, we presume that the representative will either file a fee petition or waive the fee.