When a claimant or representative submitted an otherwise valid fee agreement and either
party dies after SSA issues a favorable decision, the decision maker will approve
the fee agreement, under the conditions defined in GN 03940.003, and SSA will send notice to the parties as provided in GN 03940.008C.
In the above situation, SSA will continue processing the representative's fee under
the fee agreement process only if adjudication results in past-due benefits.
In the case of a deceased representative who was eligible for direct payment, SSA
will certify direct payment of the title II and/or title XVI representative's fee,
only to the executor or other person the State recognizes as the representative of
the deceased representative's estate.