Effective Dates: 12/18/2024 - Present Previous | Next

TN 35 (12-24)

GN 03930.055 Benefit Authorizer Responsibilities - Overview - Fee Petition Process

A. Policy

The benefit authorizer (BA), the benefit technical examiner (BTE), or the post entitlement technical expert (PETE) in the processing center (PC):

  • •

    Certifies direct payment of a fee to an eligible representative or to an eligible entity if there is a valid assignment from withheld Title II past-due benefits based on authorization by the fee decision maker;

  • •

    Releases excess Title II past-due benefits withheld to the claimant and any auxiliary beneficiaries;

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    Determines appropriate fill-ins for paragraphs designated by the claims specialist (CS), claims technical examiner (CTE), or PC fee reviewer; and

  • •

    Sends notices to the representative, the claimant, and any auxiliary beneficiaries when we pay the fee and releases any excess past-due benefits.

NOTE 1: The position assigned to perform specific functions may vary among the PCs.

NOTE 2: We will only send this notice to the POC or other individual listed in GN 03920.020A when we have information confirming that the representative has died. For information about the assignment of direct payment of fees to an entity, including the roles and responsibilities of POCs, see GN 03920.021.

NOTE 3: Claimants are entitled to receive only certain information about auxiliaries, except when the claimant is the legal guardian or the parent of a minor auxiliary. Likewise, auxiliaries should only receive certain information about the claimant. Notices sent to claimants and auxiliaries must adhere to the policies articulated in GN 03316.105 and GN 03316.110.

B. Procedure - Identifying Fee Petition Cases

Identify fee petition cases by the following:

1. Remarks

Look for any remarks the CS or PC fee reviewer provided specifying that the case is or may be a fee petition case. Note the directions the CS, CTE, or PC fee reviewer provided (e.g., with a remark associated with the A101 or EF101) to withhold 25 percent of past-due benefits for possible direct payment.

2. Definitions

As needed, refer to the sections listed below to clarify what are past-due benefits and benefits subject to withholding.

3. Questionable Situations

Refer questionable situations to the CS/CTE for clarification.

C. Procedure - Diary Matures - Withholding

Take the actions shown in this subsection if the diary on a Title II only claim or concurrent Title II and Title XVI claims matures and the PC has not received a fee petition, extension request, fee waiver or waiver of direct payment from the representative (or court attorney, if applicable), or a fee authorization from the hearing office, Appeals Council, or the court.

1. Initial or Reconsideration Level Case

Route the case to the CTE, fee reviewer or disability specialist (or other position identified by the PC) for necessary action under GN 03930.090A. (case decided at initial and reconsideration levels).

2. Hearing or Appeals Council Level Case

Adhering to the practice in your PC, follow the procedure in GN 03930.090B (case decided at hearing level) or GN 03930.090C (case decided by the Appeals Council), or refer the case to the PC fee reviewer for necessary action.

3. Court Case

Refer to GN 03930.091 for the actions to take.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203930055
GN 03930.055 - Benefit Authorizer Responsibilities - Overview - Fee Petition Process - 12/18/2024
Batch run: 12/18/2024
Rev:12/18/2024