If any of the conditions described in GN 03920.050D.2.a. in this section change after our calculations or payment of the fee (e.g., the fee
agreement is rescinded) and the situation no longer meets these conditions:
Request the representatives submit fee petitions, and
Request a refund of any shares we paid, if applicable, following the instructions
in GN 03920.051.
Representatives who did not waive their fee and who wish to receive a fee, must either
sign on a single fee agreement (to receive equal shares), or each representative must
submit a fee petition.
NOTE: Consider former representatives (i.e., those who have withdrawn, revoked, or sanctioned)
in our calculations if they did not waive their fee. Authorize these representatives
the appropriate shares of the fee, but release these shares of the withheld funds
to the claimant.
EXAMPLE 1: The claimant appointed three representatives, A, B, and C, from the same entity.
Representative C waived the right to a fee, and representatives A and B signed and
submitted a single fee agreement. Pay representatives A and B (who are eligible for
direct payment) one-half (equal shares) each of the total fee we authorized.
EXAMPLE 2: The claimant appointed four representatives, A, B, C, and D, from the same entity.
Representatives B, C, and D waived their right to a fee, and representative A submitted
a signed fee agreement. Pay A the entire fee we authorize.
EXAMPLE 3: The claimant appointed representative X from “Disability Associates” and representatives
Y and Z from “Robust Disability Advocacy.” Representatives Y and Z signed a single
fee agreement. Representative X signed her own fee agreement. Disapprove both fee
agreements and ask all representatives to file fee petitions.
EXAMPLE 4: The claimant appointed representative A from “Full Disability Benefits” and representatives
B and C from “We Get You Approved” disability firms. All representatives signed a
single fee agreement. Representative A and B waived their rights to a fee. Pay representative
C the entire fee amount.
EXAMPLE 5: In the same scenario as Example 4, representatives A and B waived their right to
a fee. Representative C is a non-attorney ineligible for direct payment. Authorize
the full fee to representative C and release all the past-due benefits to the claimant
because representative C is not eligible for direct payment. Representative C must
collect her fee from the claimant.
EXAMPLE 6: In the same scenario as Example 4, all representatives waived their right to a fee.
Release all past-due benefits to the claimant.