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

TN 35 (12-24)

GN 03930.090 No Fee Petition or Fee Authorization Received by PC or FO when Diary Matures and We Are Withholding Past-Due Benefits – Non-Court Case

A. Procedure - Case Decided at Initial and Reconsideration Levels

The benefit authorizer (BA), claims technical expert (CTE), or other position designated in the processing center (PC) in a Title II claim or concurrent Title II and Title XVI claims, or the claims specialist (CS) in a Title XVI only claim is responsible for taking the following actions:

1. Confirm That We Have Not Received a Fee Petition

When the 60-day diary matures, and you have not received a fee petition, intent to file a fee petition, or fee authorization:

  • •

    Review the file to determine if a fee petition, fee authorization, or intent to file a fee petition has been received; and

  • •

    Review Paperless, the Processing Center Action Control System (PCACS), the Master Beneficiary Record (MBR), the Payment History Update System (PHUS), the Supplemental Security Record (SSR), and/or the Single Payment System (SPS) for any information regarding the fee petition and authorization (possible payment to the representative). In the processing centers (PCs), technicians will have an active action control request (ACR) for the fee petition authorization. In SPS, Payment Identification Codes (PIC) SA – SZ identify payments made from Title II; direct fee payments paid from Title XVI past-due benefits do not have a PIC.

2. Consider Whether Services Have Ended

If we have not received a fee petition, intent to file a fee petition, or fee authorization, check whether the representative's services have ended:

  • •

    Verify that the full 60-day period has elapsed since all adjudicative actions were completed.

  • •

    Consider whether there are outstanding issues that indicate the representative’s services in the case have not ended. If the representative’s services have not ended, diary the case (PCACS diary in the PC) for the time you estimate resolution will require. Continue withholding and do not proceed to GN 03930.090A.3. below (see GN 03910.060, When a Representative’s Appointment Ends).

NOTE: 

Extend the diary period (PCACS diary in the PC) if an eligible Title XVI spouse’s benefits or protected auxiliary awards are processed after the number holder/eligible individual’s claim (allow 60 days from the date of notice on the spouse or auxiliary claim). See GN 03920.030, Representative’s Fee – Title II Past-Due Benefits, and GN 03920.031, Representative’s Fee – Title XVI Past-Due Benefits.

3. Send 20-Day Notice

After confirming the representative's services have ended, if there are no outstanding issues, take the following actions:

  1. a. 

    Use RASR to send a 20-day closeout letter to the representative and a copy to the claimant. This notice will ask the representative to file, within 20 days, a fee petition or a written request for an extension of time if the representative intends to charge a fee, or to notify us if the representative is waiving the fee. If the representative has died and they assigned direct payment of their fee to an entity, send the notice in the Document Processing System (DPS) or AURORA titled, "Fee Petition 20-Day Closeout" to the entity's point of contact (POC), with a copy to the claimant. If the deceased representative did not assign direct payment of their fee, send the "Fee Petition 20-Day Closeout" notice to the executor or other legal representative of the deceased representative's estate, with a copy to the claimant, after updating the deceased representative's registration information as described in GN 03913.010F.

    Also, advise the representative or other individual acting for the deceased representative pursuant to GN 03930.020A that:

    • •

      We will release any withheld past-due benefits to the claimant if no fee petition or intent to file a fee petition is received within the 20-day period;

    • •

      The release of withheld benefits does not deprive them of the right to petition if the representative or other individual later decides to charge a fee;

    • •

      Attempting to collect a fee without obtaining our authorization could violate section 206(a) and/or section 1631(d)(2) of the Social Security Act (42 U.S.C. 406(a) and/or 1383) and the regulations; and

    • •

      Any fee authorized based upon a fee petition filed after the 20-day period has expired and past-due benefits have been released will be the responsibility of the claimant to pay.

      NOTE: 

      In concurrent Title II and Title XVI claims on which we have withheld Title XVI past-due benefits, revise E3808 to include the reference to 1631(d)(2) and 1383, as given in the bullet above. See DPS for a Title XVI notice.

  2. b. 

    Inform the representative that they may submit a signed fee petition using Form SSA-1560 or another writing that contains the information required by GN 03930.020D.3. Remind the representative of the need to provide a copy of the fee petition to the claimant before submitting it to us. For their convenience and for additional information about what is required, refer the representative to the electronic version of Form SSA-1560 (Petition for Authorization to Charge and Collect a Fee for Services Before the Social Security Administration) available at ssa.gov/representation/.

  3. c. 

    Diary for 30 days for return to a CS. In the Office of Central Operations (OCO), the BA prepares a 30-day PCACS diary related to the existing “ATFEE FEEPAY” action control record (ACR) and routes the claims file to the development holding file (DHF PAY) for return to a CS.

  4. d. 

    In the PC, if information reveals that the representative charged a fee without authorization in a possible violation of section 206(a) or 1631(d)(2) of the Act, the senior claims processing specialist (SCPS) or CTE will document any information, with assistance from the FO if necessary, and prepare a referral to the Office of the General Counsel (OGC) as a potential fee violation. These referrals are reviewed by the Operations Analysis Section (OAS) fee program analyst and forwarded to OGC for their review and potential action. For representatives, including entity POCs, refer suspected fee and non-fee violations to OGC following the instructions in GN 03970.017. If information suggests an entity collected or retained a fee without our authorization, follow the procedures in GN 03920.052D.

4. Diary Matures or Reply Received

When the reply is received or the diary matures, take the following action(s):

  • •

    If the representative(s), or in the case of a deceased representative an entity's POC or other individual listed in GN 03930.020A, filed a fee petition, and the petition is received in the FO, forward the petition to the PC. In the PC, the CS/CTE follows GN 03930.095 through GN 03930.105 to evaluate services and determine a reasonable fee.

  • •

    If the representative(s), or in limited circumstances, the POC or other individual, filed a request for an extension of time, proceed to GN 03930.090A.5.

  • •

    If the representative filed a waiver of the fee or direct payment and no other representatives are seeking direct payment, refer the Title II case to the BA to release the withheld Title II past-due benefits using Manual Adjustment Credit and Award Data Entry system (MACADE) (special entry EA). Refer the Title XVI case to the CS to close out the FEE PETITION issue and release the underpayment (U TAC).

  • •

    If the representative(s), or when the representative is deceased the POC or other individual listed in GN 03930.020A, has not filed a fee petition or otherwise complied with our instructions, refer the Title II case to the BA to release the withheld past-due benefits using MACADE (special entry EA). Refer the Title XVI case to the CS to close out the FEE PETITION issue on the Development Worksheet and release the underpayment (U TAC) from the SSR. In Title II cases, provide instructions to send the representative(s) a copy of the beneficiary notice. You may use E3818, found in NL 00703.818. In Title XVI cases, the system automatically issues a notice to the claimant with a copy to the representative(s). Do not send a copy of either notice to an entity's POC unless it is the minimum amount necessary for the POC to review it to resolve fee-related issues. For information that is not relevant or necessary to resolve fee-related issues, only disclose it if the claimant has expressly consented in writing on a Form SSA-3288 or other written consent that meets the requirements of GN 03305.003.

5. Representative Requests Extension

If the representative or, in the case of a deceased representative, the POC or other individual described in GN 03930.020A, filed a request for an extension of time within which to petition, take the following actions:

a. Consider the Reasons Given

Consider the reasons given, remembering that:

  • •

    The representative should not petition for a fee until they have completed providing services for the claimant and any auxiliary beneficiary or spouse;

  • •

    The representative may request and receive more than one extension of time;

  • •

    In the case of a point of contact (POC) or other individual requesting an extension, the circumstances described in GN 03930.020 may have prevented them from filing earlier; and

  • •

    Whether you grant an extension depends on the circumstances.

b. Provide Written Notice to the Representative

Provide written notice to the representative or other filer explaining the decision and rationale. If you decide not to grant the extension of time, state that the fee petition must be filed within 20 days of the date of your notice. In Title II or concurrent claims, send copies to the claimant and the servicing FO.

c. Prepare a Diary

In the PC, prepare a PCACS diary based on your decision. In the FO, change the follow-up date on the FEE PETITION ISSUE on the Development Worksheet.

d. Reply Received or Diary Matures

When you receive the reply or when the diary matures, follow GN 03930.090A.3.

B. Procedure - Case Decided at Hearing Level

If the 60-day diary matures and the PC or FO has not received an administrative law judge’s (ALJ’s) fee authorization, the position assigned these functions in the PC or the CR in the FO takes the following actions:

1. Review Relevant Information About the Case

a. Obtain Queries

Obtain an MBR query in a Title II claim, an MBR and a Supplemental Security Record (SSR) query in a concurrent claim, an SSR in a Title XVI claim, and an OHAQ or Case Processing and Management System (CPMS) information to determine whether:

  • •

    There are outstanding issues (e.g., workers’ compensation offset, a delayed auxiliary claim, or a delayed spouse’s claim) that indicate the representative’s services in the case have not ended;

  • •

    The claimant appealed a partially favorable decision; or

  • •

    The representative or other authorized individual has filed a fee petition, and if so, the status of that request.

b. Accessing CPMS

To access CPMS, go to CPMS. (CPMS is also accessible through the “SSA Web Index Page” or the big red “I” icon on the desktop.)

  • •

    Click on “OHO - Case Processing and Management System.”

  • •

    Input the number holder’s SSN and press “Search.” If the response is “NO SSN FOUND,” then no information is available on the claim. Refer to GN 03930.090B.2.

  • •

    If the SSN is found, click on “View” to the right of the claimant’s name (select the name associated with the pertinent hearing request date) to view the General Information Summary.

  • •

    On the left side of the General Information Summary screen, click on “Representative Information” to view representative and waiver information.

  • •

    Click on “Back” and select “Representative Fee” to view the fee document summary.

For more information on how to use CPMS, see the CPMS Training Manual.

c. eView or Evidence Portal (EP)

Access eView to determine if fee documentation is in the electronic record.

  • •

    Review documentation in Tab B to determine if the fee petition document has been filed.

  • •

    Review Tab A to determine if a fee authorization determination has been uploaded to eView.

  • •

    If there is no indication that a fee petition document has been filed in Tab B and no authorization is present in Tab A, review for mislabeled documents in all sections of eView, especially items labeled as Post Office returned mail.

If there is no record in eView, access Evidence Portal (EP) to determine if fee documentation has been imported into the electronic file maintained in this repository.

2. Evaluate Query Information

a. Fee Petition Received

If a fee petition has been received but a fee has not been authorized, prepare a PCACS or FO diary for an additional 30 days. In OCO, prepare a PCACS diary related to the existing ACR and route the case to the DHF PAY.

If no fee petition was received or a fee was not authorized by the end of the 30-day period, refer to GN 03930.090B.3.

b. Fee Authorized

If CPMS indicates that a fee has been authorized but the authorization is not in eView or EP, request that the designated hearing office (HO) contact upload the authorization to the electronic folder or email the fee authorization as an attachment if there is a paper file. Refer to the OHO Fee Contacts list to determine the HO contact.

After the authorization is verified, and you confirm that we are not waiting for any other eligible representative to file their fee petition or fee authorizations, take action to pay the fee and withhold the assessment as necessary.

  • •

    Title II – Pay the fee through SPS and, if the case is not a court remand with an unresolved court fee issue, release any excess withholding to the claimant(s) using MACADE (special entry EA). Refer to SM 00834.405.

  • •

    Title XVI – Pay the fee through the SSR. See GN 03930.032 for procedures.

NOTE: If the HO decided the case after a court remand, continue to withhold past-due benefits until the court fee issue is resolved.

c. Outstanding Issues

If there are any outstanding issues or an appeal is pending, diary the case for the time you estimate it will require to complete the action(s). Continue withholding, and do not proceed to GN 03930.090B.3.

3. Send an E-mail Message

If we have no indication that the representative(s) filed the fee petition or an intent to file the fee petition, or that the fee has been authorized, and there is no outstanding issue or appeal pending, take the following actions:

a. Send Message to HO Contact

Send an e-mail message to the designated HO contact asking whether the representative has filed a fee petition, a statement of intent to petition, or a waiver.

If you do not receive a fee authorization within 20 days, contact the OHO regional fee liaison by e-mail to resolve the fee petition issue. For the regional fee liaison contact, refer to the OHO Fee Contacts list.

b. Include Case Specific Information

Include the following information in the e-mail message.

In the SUBJECT line: DELAYED FEE AUTHORIZATION

In the TEXT:

  • •

    Name and Social Security number (SSN) of the wage earner;

  • •

    Date of the favorable decision;

  • •

    ALJ’s name;

  • •

    PC Paperless fax number or FO fax number to which the HO will send the fee authorization;

  • •

    Statement: “Please provide either a fee authorization or status within 20 days;” and

  • •

    Requestor’s name, job title, phone number, and component.

NOTE: 

In the PC, send a cc: to the module manager and the CTE on all e-mails. Scan a copy of the e-mail on paperless actions. Print a copy of the e-mail and associate if the folder or paper ACR is controlling the action.

c. Send to Holding File

In the PCs, route the ACR to DHF PAY.

d. Diary

Diary the action for 20 days.

In the FO, to diary the case and document the request process, the CS takes these actions:

  • •

    Change the follow-up date for the FEE PETITION issue on the Development Worksheet (or Modernized Development Worksheet (MDW)) each time a contact is made.

  • •

    Set up a Report of Contact and record and explain each follow-up action taken to get the authorized fee amount.

4. Act on HO Reply - Fee Petition or Statement of Intent Filed

When the reply from the HO shows that the representative filed a fee petition or statement of intent to petition, take the following actions:

a. Diary Based on HO Response

Do one of the following, depending on the reply:

  • •

    If the HO received a fee petition, diary the case for 45 days for receipt of the fee authorization. In OCO, prepare a PCACS diary related to the existing ACR and route the case to the DHF PAY.

  • •

    If the HO received a statement of intent to petition, diary the case for the time estimated for resolution (generally no more than 60 days).

b. Send Another E-mail Message if Authorization Not Received

If the HO did not forward the fee authorization within the expected time, send another e-mail message to the HO contact. Provide the same information listed in GN 03930.090B.3., but add “SECOND REQUEST” to the remarks. Diary the action for 20 days. In the PC, return the folder/ACR/paperless action to the holding file.

c. Contact Regional Fee Liaison if Authorization Still Not Received

If you do not receive a fee authorization or a status update within 20 days, contact the OHO regional fee liaison by e-mail to resolve the fee petition issue. For the regional fee liaison contact, refer to the OHO Fee Contacts list.

Diary the action for an additional 20 days. In the PC, return the folder/ACR/paperless action to the holding file. In OCO, prepare a PCACS diary related to the existing ACR and route the case to the DHF PAY.

d. Refer to the Office of the Chief Administrative Law Judge (OCALJ) if Regional Liaison Unable to Resolve Issue

If the OHO regional fee liaison is unable to resolve the issue, refer the matter to OCALJ. To do so, forward the earlier e-mail (GN 03930.090B.3.b.) to ^OHO OCALJ Delayed Atty Fee Petitions, and request status of the fee petition.

e. Diary for OCALJ Response

Diary the claim for an additional 20 days. In the PC, return the folder/ACR/paperless action to the holding file. In OCO, prepare a PCACS diary related to the existing ACR and route the case to the DHF PAY. In the FO, follow the procedures in GN 03930.090B.3.d.

5. Act on HO Reply - Fee or Direct Payment Waived

When the HO reply shows that the representative has waived a fee or direct payment:

  • •

    Verify that this is not a court remand case, and that we are not waiting for a fee authorization for any other representative(s) who is eligible for direct payment and timely filed their fee petition for direct payment (see GN 03930.030D.6.b.). In either situation, continue to withhold the past-due benefits until the court fee is resolved or all eligible representatives who timely filed their fee petitions have been authorized a fee.

  • •

    In a Title II claim or concurrent Title II and Title XVI claims, refer the case to the BA/BTE for release of the past-due benefits withheld using MACADE (special entry EA). In concurrent claims, notify the servicing FO to release any withheld Title XVI past-due benefits.

  • •

    In a Title XVI claim, release the past-due benefits to the claimant by closing out the FEE PETITION issue on the Development Worksheet and releasing the underpayment (U TAC) from the SSR.

6. Act on HO Reply - Neither Fee Petition nor Statement of Intent Filed

When the HO reply shows that the HO did not receive either a fee petition or a statement of intent to petition, take the following actions:

a. Send Notice to Representative

Send the representative, or an entity's POC or other individual listed in GN 03930.020A when the representative is deceased, the notice described in GN 03930.090A.3., advising that we will release the benefits withheld to the claimant unless a fee petition or a written request for an extension of time is filed within 20 days. Direct the representative to:

  • •

    File the fee petition or written request with the ALJ who decided the case. (If you use paragraph E3808 in NL 00703.808, in the #6 fill-in, insert the ALJ’s name and HO address. In Title XVI only claims, advise the representative to send the petition to the FO.)

  • •

    Send a copy of the fee petition or written request to us to prevent premature release of the benefits withheld. Provide the specific component’s (paperless) fax number and address or a self-addressed envelope.

    NOTE: If the POC or other individual listed in GN 03930.020A files a fee petition after we have already released the past-due benefits, and if we released the past-due benefits in compliance with our policy in GN 03930.090 (i.e., proper notices have been sent, diaries have expired, etc.), then we would not directly pay the entity or estate even if a fee petition was filed. However, if we had information confirming the representative is deceased but we did not send the "Fee Petition 20-day Closeout" letter to the POC or other individual listed in GN 03930.020A, we did not provide proper notice. Under those circumstances, we will grant a timely request for an extension (see GN 03930.090A.5.) and directly pay the entity or estate.

b. Diary

Diary the action for 30 days. In OCO, prepare a PCACS diary related to the existing ACR and route the case to the DHF PAY. In the FO, follow the procedures in GN 03930.090B.3.d.

7. Action - No Reply From HO

NOTE: When the procedure is to diary the case, the specific procedure for OCO is to prepare a PCACS diary related to the existing ACR and route the case to the DHF PAY.

a. Send Follow-up E-mail to HO

If the HO does not reply to the e-mail request:

b. Send E-mail to Regional Contact if No Response Received

If the HO contact does not respond to the follow-up e-mail:

  • •

    Send an e-mail request to the regional contact (as shown on the OHO Fee Contacts list). In the e-mail, include the HO, the HO contact’s name, and the dates of the original and follow-up e-mail requests.

  • •

    Diary the action for an additional 20 days. In the PC, return the folder/ACR/paperless action to the holding file. In the FO, follow the procedures in GN 03930.090B.3.d.

  • •

    Refer to GN 03930.090B.4., GN 03930.090B.5., or GN 03930.090B.6. when the HO or RO responds.

  • •

    Forward the e-mail request to OCALJ at ^OHO OCALJ Delayed Atty Fee Petitions, if neither the HO nor Regional Office (RO) liaison responds within the 20-day period.

  • •

    Diary the action for an additional 20 days. In the PC, return the folder/ACR/paperless action to the holding file.

8. Act On Response to 20-Day Notice Sent

If you receive a response from the representative or POC within 30 days, act based on the response:

a. Fee Petition Received

When you receive a copy of the fee petition in the PC, upload the fee petition to the electronic folder (eView) and Evidence Portal (EP), send an email notification to the HO fee contact, and set a new diary for 45 days for receipt of the fee authorization. For non-electronic cases, load the fee petition into EP only and forward a copy as an attachment to the email notification sent to the HO. In the FO, forward the fee petition to the fee authorizer and follow the procedures in GN 03930.090B.3.d.

If you do not receive it within that time, follow GN 03930.090B.4.b.

b. Request for Extension of Time Received

  • •

    When you receive a copy of a request for an extension of time and the response to the extension of time is not available in eView or EP, send an e-mail message to the HO fee contact asking whether the ALJ granted an extension and, if so, until what date.

  • •

    Diary for 20 days for the reply. In the PC, return the folder/ACR/paperless action to the holding file. In OCO, prepare a PCACS diary related to the existing ACR and route the case to the DHF PAY. In the FO, follow the procedures in GN 03930.090B.3.d. after forwarding the request to the fee authorizer.

  • •

    When you receive the reply, diary for the time estimated for the additional time the ALJ granted, plus 30 days for receipt of the fee authorization. In the FO, follow the procedures in GN 03930.090B.3.d.

  • •

    If you do not receive it within that time, follow GN 03930.090B.4.b.

9. Act On Failure to Respond to 20-Day Notice

If you do not receive a copy of the fee petition or request for an extension of time within 30 days, take the following actions:

a. Send E-mail to HO Contact Person

Send an e-mail message to the HO fee petition contact person similar to that in GN 03930.090B.3. However, modify the TEXT entry to include the following:

“(PC name) sent the 20-day notice about the need to file a fee petition to (representative’s name and address) on (date of notice). Please advise whether a fee petition has been filed. If you received a request for an extension of time instead, advise whether the ALJ granted an extension and, if so, until what date. If you do not confirm within 14 days that a fee petition or extension request was filed, we will release the past-due benefits to the claimant.”

b. Diary

Diary the action for 20 days. In the FO, follow the procedures in GN 03930.090B.3.d.

NOTE: When the procedure is to diary the case, the specific procedure for OCO is to prepare a PCACS diary related to the existing ACR and route the case to the DHF PAY.

c. Return to Holding File

In the PC, return the folder/ACR/paperless action to the holding file.

d. Act Based on Reply or Diary Expiration

Take one or more of the following actions when you receive the reply or when the diary matures.

  • •

    If the HO reply shows that no fee petition or request for an extension of time was received from any representative(s), after verifying this is not a court remand case and that we are not awaiting a fee authorization(s) for any other eligible representative(s) who filed or may file a fee petition, the PC will refer the case to the BA/PETE for release of the past-due benefits withheld using MACADE (special entry EA). In the FO, refer the case to the CS for release of the past-due benefits by closing out the FEE PETITION issue on the Development Worksheet and removing the U TAC from the SSR.

  • •

    If the HO reply shows that a fee petition was filed, diary for 45 days for receipt of the fee authorization. In the PC, return the folder/ACR/paperless action to the holding file. In the FO, follow the procedures in GN 03930.090B.3.d.

  • •

    If you do not receive it within that time, follow GN 03930.090B.4.b.

  • •

    If the HO reply shows that the representative requested and the ALJ granted an extension of time, diary for the time estimated for resolution (i.e., the additional time the ALJ granted the representative), plus 45 days for receipt of the fee authorization. In the PC, return the folder/ACR/paperless action to the holding file. In the FO, follow the procedures in GN 03930.090B.3.d.

  • •

    If you do not receive it within that time, follow GN 03930.090B.4.b.

  • •

    If the HO does not reply, contact the RO liaison listed on the OHO Fee Contacts list. If the RO does not respond in 14 days, send an e-mail to OCALJ, at ^OHO OCALJ Delayed Atty Fee Petitions, and request a status update. Note the issuance of the 20-day letter and no response from the HO or RO.

  • •

    Following OCALJ’s confirmation of status, and after verifying that a court remand is not involved and that we are not awaiting a fee authorization(s) for any other eligible representative(s) who filed or may file a fee petition, take the appropriate action of either (1) referring the case to the BA/PETE in the PC or to the CS in the FO for release of the withheld past-due benefits or (2) setting a diary for an appropriate follow-up. Release Title II past-due benefits withheld using MACADE (special entry EA) and Title XVI by closing out the FEE PETITION issue on the Development Worksheet and removing the U TAC from the SSR.

C. Procedure - Case Decided by the Appeals Council

If the 60-day diary matures and the PC or FO has not received a fee authorization, take the following actions:

NOTE 1: 

Each PC designates the employees/position (e.g., reconsideration reviewer) responsible for this task.

NOTE 2: 

When the procedure is to diary the case, the specific procedure for OCO is to prepare a PCACS diary related to the existing ACR and route the case to the DHF PAY.

1. Obtain Query

Query Paperless, eView, and obtain an MBR query, SSID, or CPMS information to determine whether the AC has issued a decision and whether there are outstanding issues (e.g., workers' compensation offset or a delayed auxiliary or spouse claim) that indicate the representative's services in the case have not ended. If there is an outstanding issue, diary for the time you estimate it will take to complete the action, continue withholding, and do not proceed to GN 03930.090C.2.

2. Contact the Office of Appellate Operations (OAO) for Status

a. Determine Representative’s Response

Contact the Attorney Fee Branch (AFB) in OAO to determine whether a fee petition, a statement of intent to petition, or a waiver was received.

  • •

    Send an e-mail message to: ^DCARO OAO ATTY FEE BR

  • •

    Provide your name, specific component location, and telephone number.

Also provide the name of the claimant, the Social Security Number (SSN) and claim number, the date of the award notice, the amount of past-due benefits withheld for possible direct payment, your return address, and your (paperless) fax number.

Follow-up if the AFB has not replied within 20 days.

b. Act Based on AFB’s Reply

Do one of the following, depending on the reply:

  • •

    If the AFB received a fee petition, diary for 45 days for receipt of the fee authorization. In the PC, return the folder/ACR/paperless action to the holding file. In the FO, follow the procedures in GN 03930.090B.3.d.

  • •

    If the AFB received a waiver, ask the AFB to upload a copy to eView or EP or, if there is no electronic folder, email a copy to you as an attachment. When you receive the copy, refer the case to a BA/BTE or CS for release of the past-due benefits.

  • •

    If the AFB received a statement of intent to petition, diary for the time estimated for resolution. In the PC, return the folder/ACR/paperless action to the holding file. In the FO, follow the procedures in GN 03930.090B.3.d.

c. Follow-up if Authorization Not Received

If you have not received a fee authorization when the diary matures, send a follow-up e-mail message to: ^DCARO OAO ATTY FEE BR.

3. Ask the AFB to Send the 20-Day Notice

If the AFB did not receive a fee petition, take the following actions:

  1. a. 

    Ask the AFB to send the representative, or one of the other proper filers listed in GN 03930.020A when the representative is deceased, the 20-day notice described in GN 03930.090A.3.

  2. b. 

    Diary for 45 days. In the PC, return the folder/ACR/paperless action to the holding file. In the FO, follow the procedures in GN 03930.090B.3.d.

  3. c. 

    E-mail the AFB at ^DCARO OAO ATTY FEE BR for status if, when the diary matures, you have not received a fee authorization or notice from the AFB to release the past-due benefits.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203930090
GN 03930.090 - No Fee Petition or Fee Authorization Received by PC or FO when Diary Matures and We Are Withholding Past-Due Benefits – Non-Court Case - 12/18/2024
Batch run: 12/18/2024
Rev:12/18/2024