SSA - POMS: GN 03930.025 - Receipt and Routing of Fee Petitions

A. Introduction

A representative can file a fee petition only after completion of representational services, which may be before or after we make a determination or decision.

EXAMPLE: A claimant discharged a representative before we made a final determination on their claim. The representative may file a fee petition before we make a final determination.

The field office (FO) or processing center (PC) action varies depending on whether the claim, or post-entitlement or post-eligibility (PE) action has been decided and, if so, who decided the case.

B. Procedure - Case Not Decided

When you receive the fee petition, take one of the actions shown in this subsection depending on where the claim(s) or PE action is pending:

1. Pending at Initial or Reconsideration Level

a. You have the claim(s) file or pertinent electronic records

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Process the claim(s) or PE action. See GN 03930.030 through GN 03930.045, about claims specialist (CS) responsibilities.
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Upload the fee petition to the electronic folder (eView) and Evidence Portal (EP) and notify the fee reviewer in the PC having jurisdiction (see GN 03930.015A). If the case is not electronic, load a copy of the fee petition into EP, place the original in the claim(s) file, and forward the folder to the fee reviewer in the PC. If you are in an FO or another PC, use the routing instructions shown below in GN 03930.025D. For Title XVI only fee petitions, annotate the envelope with “SSI fee petition.”

NOTE:

If this is a paper claim, the FO will forward the Title XVI file with the fee petition when possible, to aid the PC fee authorizer in evaluating the petition.

b. You do not have the claim file and electronic records are not available

Forward the fee petition to the fee reviewer in the PC having jurisdiction (see GN 03930.015A). If you are in an FO or another PC, use the routing instructions shown below in GN 03930.025D.

The fee reviewer in the PC will not evaluate the fee petition or authorize a fee until they know the final determination or decision on the claim(s) or PE action. The reviewer or other appropriate staff designated by the PC will set regular diaries to check on the status of the case following local PC practices. The fee reviewer will evaluate the fee petition, and authorize a fee if warranted, either when they learn that the case was decided unfavorably and the time limit for appealing has expired or the favorable determination or decision is effectuated.

2. Pending at Hearing or Appeals Council Level

Upload the fee petition to the electronic folder (eView) and Evidence Portal (EP) and notify by email the appropriate hearing office (HO) using the OHO Fee Contacts list, or the Office of Appellate Operations (OAO) at ^DCARO OAO ATTY FEE BR. If the case is paper, load the fee petition into EP only and forward the claim(s) file with the fee petition to the HO if the case is pending at the hearing level. Email the fee petition to OAO if the case is pending with the Appeals Council and in the email, alert OAO of the paper case. Do not forward the claim(s) file to OAO until OAO responds with further instructions.

C. Procedure - Case Decided

When you receive the fee petition, take the action(s) shown:

1. Decided at Initial or Reconsideration Level

Upload the fee petition to the electronic folder (eView) and EP and notify the fee reviewer in the PC having jurisdiction (see GN 03930.015A). If the case is paper, load the fee petition into EP only and forward the fee petition, with the file if you have it, to the fee reviewer in the PC having jurisdiction (see GN 03930.015A). If you are in an FO or another PC, use the routing instructions shown in GN 03930.025D.

NOTE:

If there is a paper file, the FO must forward the Title XVI file with the fee petition because the PC fee authorizer cannot evaluate the petition without it.

2. Decided at Hearing Level

Upload the fee petition to the electronic folder (eView) and EP and notify by email the appropriate HO using the OHO Fee Contacts list. If there is a paper file, load the fee petition into EP only and forward the fee petition to the HO. Use the Detailed Office/Organization Resource System (DOORS) to determine the HO address (see MS 01302.013). (See GN 03930.015B about jurisdiction.)

3. Decided at Appeals Council Level

Upload the fee petition to the electronic folder (eView) and EP and notify OAO by email at ^DCARO OAO ATTY FEE BR. If there is a paper file, load the fee petition into EP only and forward the fee petition to OAO by email and in the email, alert OAO of the paper case. Do not forward the claim(s) file to OAO until OAO responds with further instructions.

D. Procedure - Routing instructions

For paper files, follow these routing instructions:

PC	Route To:
PC-1	Social Security Administration Northeastern Program Service Center P.O. Box 314800 Jamaica, NY 11431-4092
PC-2	Mid-Atlantic Program Service Center, SSA ATTN: Reconsideration Review Section (DO NOT OPEN IN MAILROOM) 300 Spring Garden Street Philadelphia, PA 19123
PC-3	Social Security Administration Southeastern PSC Birmingham Social Security Center 1200 Rev. Abraham Woods, Jr. Blvd. Birmingham, AL 35285-0001
PC-4	Social Security Administration Great Lakes Program Service Center 600 W Madison St Chicago, IL 60661
PC-5	Western Program Service Center, SSA ATTN: Reconsideration Review Section (DO NOT OPEN IN MAILROOM) P. O. Box 2152 Richmond, CA 94802
PC-6	Mid-America Program Service Center, SSA P. O. Box 15487 Kansas City, MO 64106
PC-7	Office of Disability Operations, SSA P.O. Box 1075 Baltimore, MD 21241
PC-8	Office of International Operations, SSA P.O. Box 1075 Baltimore, MD 21241

Social Security

Program Operations Manual System (POMS)

GN 03930.025 Receipt and Routing of Fee Petitions