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

TN 35 (12-24)

GN 03930.095 Preliminary Actions on Receiving the Petition for a Fee for Services at Initial or Reconsideration Level

A. Introduction

The fee reviewer in the processing center (PC) receives the representative's petition for a fee for services below the hearing level. The reviewer may receive it with the claim file (see GN 03930.025) or may have the information required to process the request available electronically, either through eView, the Electronic Non-Medical (ENM) application, or the Paperless Front-End application.

NOTE 1: Paperless documents may be viewed in Evidence Portal (EP).

NOTE 2: A representative may waive their right to charge and collect a fee from a claimant, but still collect from a third party (see GN 03920.020H). In some situations, we must still authorize the representative's fee petition following the instructions in GN 03930.100, GN 03930.105, and GN 03930.110.

B. Procedure

If you received the claim(s) file with the petition, the claim(s) file is electronic, or you do not need the paper claim(s) file, go to GN 03930.095B.2.

1. Request the Claim(s) File

If you did not receive the claim(s) file with the petition and need it to process the petition, request the file and ascertain when you may expect it. If the delay is significant:

  • •

    send a letter to the fee petition submitter explaining the status (see GN 03930.095B.6.); and

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    diary the case for the estimated time for 30 days following GN 03930.095B.7.

If the field office (FO) is working on the case, retain the original fee petition; send a copy of the petition and a copy of Form SSA-5015-U2 (Diary and Listing Slip) to the FO to include in the file.

2. Screen the Petition and the Information Pertinent to the Petition

Screen the petition and the claim(s) file.

  1. a. 

    Confirm that the claimant's current or former representative filed the petition, rather than another party. As described in GN 03930.020A, if a representative dies before filing the fee petition, one of the other individuals listed in that subsection may file the fee petition on behalf of the deceased representative.

  2. b. 

    Review the petition for omissions. Ask the filer to provide omitted information (see GN 03930.095B.5.) within 15 days of the date of your request. Explain that if we do not receive it, we may process the petition based on the information supplied.

  3. c. 

    Proceed with the evaluation unless GN 03930.095B.3., GN 03930.095B.4., or GN 03930.095B.5. applies.

3. Fee Petition Filed Prematurely

When information in the petition or the claim(s) file indicates that services are continuing, ask the representative whether their services have ended.

a. Representative Not Providing Services

If the representative is not providing services for which they plan to charge and collect a fee, prepare a Report of Contact (ROC) for the file and proceed with the evaluation unless GN 03930.095B.4. or GN 03930.095B.5. applies.

b. Representative Providing Services

If the representative is still providing services for which they plan to charge and collect a fee, take the action below. Use the model letter in GN 03905.075B.1. as a guide.

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    Prepare a letter to the representative explaining that we are returning the fee request because their services have not ended; that the representative may file a new request after services are completed using the enclosed Form SSA-1560 (Petition For Authorization To Charge And Collect A Fee For Services Before The Social Security Administration); and that 20 CFR 404.1725(a) and 20 CFR 416.1525(a) explain when and how to request a fee for Social Security and Supplemental Security Income cases, respectively.

  • •

    Enclose both the prematurely filed fee petition and a blank SSA-1560.

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    Send the letter to the representative and a copy to the claimant.

4. Claimant Not Provided a Copy of Petition

a. Presumption That Claimant Received a Copy of Fee Petition

The regulations at 20 CFR 404.1725 and 20 CFR 416.1525 mandate that the fee petition must include a statement certifying that a copy of the petition and the attachments were furnished to the person for whom the services were performed (see GN 03930.020D.3.).

Therefore, presume that the representative or other proper filer (see GN 03930.020A) provided the claimant with a copy of the fee petition unless evidence indicates they did not.

b. Claimant Not Provided With a Copy of Fee Petition

If you believe the claimant was not provided with a copy of the fee petition, take the actions shown. Use the model letter in GN 03905.075 as a guide.

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    Prepare a letter to the claimant explaining that we have enclosed a copy of their representative's fee request; that the claimant should let us know within 20 days if they disagree with the fee requested or any information shown; and that we will not consider the request further until the claimant has had this opportunity to comment.

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    Enclose a copy of the fee petition and any attachments, and a self-addressed envelope.

  • •

    Send the letter to the claimant and a copy to the representative or other proper filer.

  • •

    Diary the case as shown in GN 03930.095B.7. for 30 days, to allow mailing time.

5. Development Necessary

Initiate any necessary development through direct contact. If direct contact fails, decide whether to develop through the FO or to evaluate the petition based on the information supplied. Diary the case, if necessary, as shown in GN 03930.095B.7.

EXAMPLES:

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    An attorney files a fee petition requesting a fee for legal services in settling an estate, prosecuting an action in State court, and representing the claimant before us. You ask the attorney to clarify what amount they are requesting for services provided in connection with the proceedings before us.

  • •

    The FO is developing the case for capability. You set the fee after the capability determination to protect the claimant’s right to request administrative review of the fee.

6. Provide Notice of Expected Delay

If you do not expect to respond within 60 days of receipt, advise the person who filed the fee petition. When appropriate, combine this status letter with a request for additional information.

EXAMPLE: The claimant's legal guardian files the fee petition requesting we authorize a fee for representation. You plan to defer evaluating the petition until the guardian submits a copy of the State court's action (see GN 03920.010E).

NOTE: A legal guardian is not the claimant's representative, unless the claimant has properly appointed them (see the Note in GN 03910.020D).

7. Setting the Diary

If you must diary the case, show the TOEL code of ATFEE PETPAY and reason for the diary as “Fee Petition.”

 

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203930095
GN 03930.095 - Preliminary Actions on Receiving the Petition for a Fee for Services at Initial or Reconsideration Level - 12/18/2024
Batch run: 12/18/2024
Rev:12/18/2024