TN 8 (02-05)
GN 03930.075 Title II - Notifying the Representative, the Claimant, and Any Auxiliary Beneficiary(ies)
The benefit authorizer (BA) or benefit technical examiner (BTE) uses standard postentitlement notices when paying representative fees, with special instructions provided by the fee authorizer.
B. Process - Petition Before Award
The claims representative (CR), claims authorizer (CA), claims technical examiner (CTE), or processing center (PC) fee reviewer designates appropriate paragraphs.
C. Process - FEE Authorized After Award
Notice responsibilities depend on who authorizes the fee.
1. Services Below the Hearing Level
When the PC authorized the fee or has proposed (consistent with GN 03920.015B.) to authorize a fee of more than $10,000:
The fee reviewer instructs the BA/BTE on notice language for initial fee awards.
The Senior Claims Processing Specialist in the program service centers, the Disability Specialist in the Office of Disability Operations and the fee reviewer in the Office of International Operations explain in the notice administrative review how the representative should collect the fee or fee increase. No BA/BTE notice is necessary.
2. Services at or Above the Hearing Level
When the Office of Hearings and Appeals (ODAR) or a court authorized the fee, the BA/BTE prepares the notice. The BA/BTE will obtain advice from the fee reviewer as necessary.
NOTE: Local offices may designate another position as responsible for providing the BA/BTE with notice instructions.
a. Notice to Representative
ODAR notifies the representative of the authorized fee and the method of payment using Form SSA-1560A-U5. No further notice is necessary unless SSA did not withhold or prematurely released benefits withheld for direct payment to a representative.
The court order provides the representative with the necessary notice.
b. Notice to Claimant
SSA notifies the claimant when releasing withheld past-due benefits (e.g., see E3816 in NL 00703.816).
3. SSA Failed to Withhold Benefits
Additional notice language is required if SSA failed to withhold or prematurely released past-due benefits.
Refer to the instructions in GN 03920.055.
In court cases, the PC fee reviewer contacts the Office of the General Counsel (OGC) to resolve the situation (see GN 03930.180 for the OGC contact list).