The Act requires SSA to send the notice in GN 03940.008B. to the:
any affected auxiliary beneficiary(ies) or eligible spouse, and
the appointed representative.
See GN 03910.040D for policy on notices in multiple representative situations.
If the claimant is mentally incapable of managing his/her funds, SSA issues the above
notice to the representative payee, thereby protecting the claimant's right to request
administrative review. See GN 03940.037 and GN 03940.051 for further instructions regarding processing claims involving mental capability.
Where the claimant dies before SSA issues a favorable decision, the claimant or representative
had submitted a valid fee agreement, and the decision maker approves that fee agreement,
SSA will send the notice described in GN 03940.008A. and GN 03940.008B. to the parties, including the survivors or estate of the deceased. Refer to GN 03940.009B. for fee payment policy. When there is a title XVI underpayment, refer to SI 02101.003, SSI Underpayment Due - Individual Deceased – General.
When a claimant or representative dies after SSA issues a favorable decision, refer
to GN 03940.009B.
The decision maker may request a copy of the notice or ask that the field office (FO)
or processing center (PC) notify him/her by e-mail when the FO/PC processes the favorable
decision and authorizes the fee amount, if he/she believes a request for administrative
review may be appropriate. An Office of Disability Adjudication and Review decision
maker will put a flag on the claim file to request that the FO/PC notify him/her by
e-mail when the fee is authorized.
NOTE: Although a representative who was discharged by the claimant may file a fee petition
to receive payment for his/her services on the claim, SSA may not release a copy of
the claimant's notice of favorable decision to a discharged representative without
the claimant's written consent.