Effective Dates: 03/30/2023 - Present Previous | Next

TN 28 (03-23)

GN 03930.045 Diaries for Receipt of Fee Petitions and Fee Authorizations

A. Process

Although the representative must obtain SSA's authorization to charge and collect a fee, we will not routinely diary a claim or post-entitlement action for further processing when SSA is not withholding past-due benefits for possible direct payment to a representative who is eligible for direct payment.

B. Policy

1. Diary for Fee Petition From Representative Eligible for Direct Payment

In cases resolved below the hearing level, the diary period is 60 days from the date of the favorable determination.

2. Diary for Fee Authorization From Office of Hearings Operations (OHO) or Office of Appellate Operations (OAO).

In cases resolved in administrative proceedings at or above the hearing level, the diary period is 60 days from the date of the favorable decision.

3. Diary for Fee Authorization From a Court and for the Administrative Fee Authorization

In cases resolved in Federal court proceedings or on remand from the court, the diary period for receipt of the authorization of the administrative fee from the Attorney Fee Officer and for the court's order for court fees is 120 days from the date of the court's decision.

C. Procedure

There are several ways to control diaries or monitor payment action.

1. Processing Centers (PC)

PCs set controls for the receipt of a fee petition or fee authorization on title II claims and concurrent titles II and XVI claims.

  • •

    The Single Payment System provides a listing of pending representative payments.

  • •

    Processing centers may create an Action Control Record (ACR) to control the work through the Processing Center Action Control System (PCACS). The Type of Event Level (TOEL) 1 and 2 explains the diary waiting to be processed. Assign a TOEL of ATFEE PETPAY for any diary established to control for the receipt of a fee petition from a representative who is eligible for direct payment or a fee authorization from OHO or OAO. If the only pending issue is court ordered fees, use a TOEL of ATFEE COURT. PSCs also have their own listing codes. The ACR remains in the Development Holding File (DHF) until the issue is resolved.

    NOTE: In the Office of Central Operations, technicians processing OHO or OAO or court level cases, prepare a PCACS diary related to the existing “ATFEE PAY” or ATFEE COURT” ACR, and route the claims to the DHF PAY pending receipt of the fee authorization.

  • •

    The Modernized Claim System (MCS) diaries may control the actions.

The preferred method of establishing the controls may vary among the PCs. Follow PC procedures.

2. Field Offices

In title XVI only claims and the title XVI portion of concurrent claims, the field office control for the receipt of a fee petition or a fee authorization by establishing for resolution a FEE PETITION issue on the Development Worksheet or on the MDW screen for non-MSSICS cases.

D. References

  • •

    GN 03930.090, No Fee Petition or Fee Authorization Received by PC or FO when Diary Matures and SSA is Withholding Past-Due Benefits.

  • •

    MS 03509.013, Decision Input (DECI)

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203930045
GN 03930.045 - Diaries for Receipt of Fee Petitions and Fee Authorizations - 03/30/2023
Batch run: 03/30/2023
Rev:03/30/2023