GN 03930.080 Notifying Field Offices of Authorized Fees in Concurrent Claims Situations

A. Policy

The processing center (PC) must notify the servicing FO of any authorized fee(s) in concurrent claims situations because:

•

The authorization of a representative's fee in concurrent claims situations generally requires that the claims representative (CR) in the field office (FO) make one or more adjustments to the supplemental security income record, as GN 03930.030C.4. explains. Also, the FO will reduce title II income and compute the offset amount if the system has not made the adjustment.
•

If SSA is withholding title XVI past-due benefits for possible direct fee payment, the CR must release the withheld benefits to the representative and/or the claimant; and/or recoup any outstanding prior overpayment as the circumstances in the case warrant.

NOTE: Individual PCs may designate employees in a position other than the benefit authorizer (BA) or benefit technical examiner (BTE) position (e.g., the reconsideration reviewer) as responsible for notifying the FO.

B. Definitions

For purposes of this section, the following definitions apply.

1. Legal Expense

Legal expense means the fee SSA or a court has authorized the claimant's representative to charge and collect.

2. Concurrent Claims

Concurrent claim means any claim or asserted right under title II of the Social Security Act when the claimant also filed a claim for title XVI payments, at either the same time or any time in the past, whether the title XVI claim was allowed or denied.

C. Procedure

The PC will do the following in concurrent claims situations, as defined in GN 03930.080B.

1. Notify the FO

a. Fee Authorized by SSA

•

For claims decided at the initial or reconsideration level, see GN 03930.110C. for FO notification procedures.
•

For claims decided above the reconsideration level, if the fee authorizer used the SSA-1560A-U5, fax a copy to the servicing FO if the fee authorizer has not done so already.
•

If the fee authorizer used another fee authorization document, fax a copy to the servicing FO. Annotate the routing form as shown in GN 03930.080C.1.b.

b. Fee Authorized by a Court

•

Photocopy the court order authorizing the fee.
•

Annotate the routing form: “Concurrent claims situation — legal expense(s) incurred in obtaining social security benefits. For your action, under SI 00830.100 and SI 02006.200.”
•

Send the copy to the servicing FO.

2. Document the File

Annotate the folder copy of the fee authorization: “Sent cc to FO (FO code) (Date).”

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203930080

GN 03930.080 - Notifying Field Offices of Authorized Fees in Concurrent Claims Situations - 02/28/2005
Batch run: 09/12/2018
Rev:02/28/2005

Program Operations Manual System (POMS)