Effective Dates: 12/09/2024 - Present Previous | Next

TN 33 (12-24)

GN 03930.110 Providing Notice of the Fee Authorized Under the Fee Petition Process for Services at Initial or Reconsideration Level

A. Introduction

The fee reviewer generally notifies the representative or other proper filer (see GN 03920.020A) and the claimant of the fee amount and how we arrived at the decision. If GN 03930.105D.2. applies (i.e., the recommended fee amount(s) exceeds $15,000), the Attorney Fee Branch (AFB) in the Office of Appellate Operations (OAO) will notify the representative or other proper filer and the claimant by preparing and releasing the fee authorization document (see GN 03930.001C.5.).

B. Procedure - Preparing the Fee Authorization

Use the Form SSA-1560 (Authorization to Charge and Collect a Fee) or electronic version of the form to notify the representative and the claimant of the fee we authorized. Attach to the SSA-1560 or include in the electronic version a brief, but complete explanation tailored to the circumstances.

NOTE: If the POC or other individual listed in GN 03930.020A filed the fee petition because the representative is deceased, also notify that individual of the fee we authorized.

1. Completing the Form SSA-1560

Prepare, or instruct staff to prepare, the form as follows:

  1. a. 

    Enter the identifying information, including the sender. If one or more auxiliary beneficiaries are involved, add “and Family” after the claimant's name. If the Title XVI spouse is involved, add “and Spouse.”

  2. b. 

    Enter the representative's name and address. If the representative is an attorney, use one of the following with the address:

    • •

      ( Name )

      Attorney at Law

      ( Address )

    • •

      ( Name ), Esq.

      ( Address )

  3. c. 

    Enter the fee amount. Make sure it agrees with the amount finally authorized, as shown on the SSA-1178.

  4. d. 

    Enter the address to which a party must send any request for administrative review.

  5. e. 

    Designate the appropriate paragraph about the means of fee payment, as well as the reference to the attached notice.

  6. f. 

    Enter the name and address of the claimant or any auxiliary beneficiaries.

EXCEPTION: Do not complete Form SSA-1560 or the electronic version of the form if GN 03930.105D.2. applies (i.e., you are recommending a fee greater than $15,000).

2. Formatting the Explanation Attached

Follow the sequence below when explaining your conclusions and the weight or significance you attached to the various factors.

a. Opening Statement

State the amount of the fee.

b. Factors That Support the Request

Summarize those services which advanced the development of the claim, required significant time and/or skill, or contributed significantly to a favorable determination. If the fee you are authorizing is greater than that requested, explain here why it is reasonable.

c. Factors That Do Not Support the Request

Summarize those services:

  • •

    which were not provided in proceedings before us;

  • •

    which negatively affected the development of the claim;

  • •

    the value of which is compromised because the time spent is unreasonable; or

  • •

    which, although neutral, do not justify a fee in the amount requested.

d. Additional Explanation

Address any additional considerations.

EXAMPLES:

  • •

    The means of fee payment if the representative has funds held in a trust or escrow account.

  • •

    The authorized fee is for all services provided to the claimant and the claimant's family before us.

  • •

    The authorized fee is for all services provided in connection with both claims (e.g., Titles II and XVI cases involving a common substantive issue).

  • •

    A portion of the authorized fee is for services in connection with a specific claim when there was more than one claim decided.

3. Reference

See GN 03905.085 for the fee authorization notice (SSA-1560).

C. Procedure - Subsequent Actions

1. Release of the Notices

  1. a. 

    Ensure that a copy of the explanation is attached to the SSA-1560.

  2. b. 

    Send a copy of the SSA-1560 and explanation to the representative or other proper filer, the claimant, and any auxiliary or spouse not in the same household as the claimant. When sending a copy to the auxiliary or spouse, ensure that any personally identifiable information about the claimant and any other protected information is redacted as necessary. See GN 03316.110, for additional information about what information we cannot disclose to auxiliaries and spouses.

  3. c. 

    Upload a copy to the claim(s) file and Evidence Portal. For paper cases, upload to EP only and place a copy in the claim(s) file with the SSA-1178.

  4. d. 

    In concurrent claims situations, as GN 03930.080 defines them, when we are not withholding Title XVI past-due benefits, send a copy to the field office (FO). See GN 03930.110C.4. if it is a concurrent claim and we are withholding Title XVI past-due benefits, or it is a Title XVI only claim. (The FO must receive the SSA-1560 in all title XVI cases.)

2. Update the MBR

For Title II cases, update the MBR ARA/ARB data per SM 00844.030 and SM 008412.013 and add a special message with the authorized fee amount and date authorized.

3. PC Action When We Are Withholding

Prepare or designate the required notices and provide the benefit authorizer (BA) with instructions about releasing the withheld Title II past-due benefits if there are no other representatives on the claim and no court involvement.

4. Title XVI Cases

a. No Title XVI Withholding for Direct Fee Payment

  • •

    Upload a copy to the claim(s) file and EP. For paper cases, upload to EP only and send a copy of the SSA-1560 to the FO.

  • •

    Diary the Title XVI case for 45 days.

  • •

    When the diary matures:

    • –

      If there is a paper folder and no party requested administrative review, remove the SSA-1128 and return the file to the servicing FO. No additional action is needed for electronic cases when no party requests administrative review.

    • –

      If a party requested administrative review, refer to GN 03950.005 for jurisdiction and necessary action.

b. Title XVI Withholding for Direct Fee Payment

  • •

    Upload a copy to the claim(s) file and EP. For paper cases, upload to EP only and send the SSA-1560 to the servicing FO as an assistance request (AR). (The CTE will instruct the BTE to fax the fee authorization to the FO.)

  • •

    Annotate AR with “Authorized Fee – SSI Past-due Benefits Withheld for Direct Fee Payment. For your necessary action.” In concurrent claims, also include the following: "$(Amount paid to representative from Title II past-due benefits before assessment deduction) of the authorized fee ($amount of authorized fee) paid from Title II past-due benefits.”

5. Administrative Review Requested

a. We Are Withholding

If you receive a request for administrative review and we have not certified direct payment of the fee, advise the BA to defer releasing past-due withheld Title II benefits. In Title XVI claims, the CS will defer releasing past-due withheld Title XVI benefits. Then, refer to GN 03950.005 for jurisdiction and necessary action.

b. We Are Not Withholding

Refer to GN 03950.005 for jurisdiction and necessary action.

 

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203930110
GN 03930.110 - Providing Notice of the Fee Authorized Under the Fee Petition Process for Services at Initial or Reconsideration Level - 12/09/2024
Batch run: 12/18/2024
Rev:12/09/2024