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

TN 35 (12-24)

GN 03930.075 Title II - Notifying the Representative, the Claimant, and Any Auxiliary Beneficiaries

A. Introduction

The benefit authorizer (BA) uses standard post-entitlement notices when directly paying fees to a representative or entity if there is a valid assignment per GN 03920.021, with special instructions provided by the fee authorizer.

B. Process - Fee Petition Received Before Award

The claims specialist (CS), claims technical expert (CTE), or processing center (PC) fee reviewer designates appropriate paragraphs for the award notice sent to the claimant and the representative(s) when that representative(s) submits their fee petition before we process the award.

C. Process - Fee Authorized After Award

Notice responsibilities depend on who authorizes the fee.

1. Fee Authorized at Initial or Reconsideration Level

When the PC authorized the fee or has proposed (consistent with GN 03920.015B.) to authorize a fee of more than $15,000:

  • •

    The fee reviewer instructs the BA/benefit technical examiner (BTE) on notice language for initial fee awards.

  • •

    The Senior Claims Processing Specialist/CTE in the program service centers, the Disability Specialist in the Office of Disability Operations, and the fee reviewer in the Division of International Operations explain in the notice of administrative review how the representative should collect the fee or fee increase. No BA/BTE notice is necessary.

2. Fee Authorized at Hearing or Appeals Council Level

When the fee is authorized at or above the hearing level or by a court, 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

  • •

    The decision maker notifies the representative of the authorized fee and the method of payment using Form SSA-1560A or another fee authorization notice described in GN 03930.001C.5. No further notice is necessary unless we did not withhold or prematurely released benefits withheld for direct payment to a representative (or entity if there is a valid assignment). We will only provide a copy of the Form SSA-1560A or other fee authorization document to an entity's point of contact (POC) or other individual listed in GN 03930.020A if they filed the fee petition for a deceased representative.

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    If the fee was authorized by a Federal court, the court order provides the representative with the necessary notice.

b. Notice to Claimant

We notify the claimant when releasing withheld past-due benefits (e.g., see E3816 in NL 00703.816).

3. We Failed to Withhold Benefits

Additional notice language is required if we failed to withhold or prematurely released past-due benefits.

  • •

    Refer to the instructions in GN 03920.055.

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    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).

D. References

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203930075
GN 03930.075 - Title II - Notifying the Representative, the Claimant, and Any Auxiliary Beneficiaries - 12/18/2024
Batch run: 12/18/2024
Rev:12/18/2024