Upon receipt of a fee agreement, document the date of receipt (date stamp, etc.) and determine whether you have jurisdiction over the claim, post-entitlement, or post-eligibility (PE) action. If you do not have jurisdiction, forward the fee agreement to the proper component (preferably as an email attachment).

When the field office (FO) receives a fee agreement and has jurisdiction over the claim or PE action, the claims specialist (CS) must:

1. 1. 

   Ensure the agreement is date-documented.

2. 2. 

   Determine whether the file contains a Form SSA-1696 (Claimant's Appointment of a Representative) completed and signed by both the claimant and the representative and whether the representative validly assigned direct payment of the authorized fee to an entity as set forth in GN 03920.021. Verify that the Form SSA-1696 has been documented in the Registration, Appointment, and Services for Representatives (RASR) application.

   NOTE: The mandate for all representatives to use Form SSA-1696 became effective December 9, 2024. Before that date, to accept an appointment, representatives were free to use another writing that clearly indicated the claimant's intent to appoint the representative and was signed by the claimant, and, if the representative is a non-attorney, the representative. For cases where the appointment is signed by the claimant before December 9, 2024, CSs will confirm that the file contains either a Form SSA-1696 or another writing that meets the criteria just described.

3. 3. 

   Determine if the representative is eligible to receive direct payment of the fee (see GN 03920.016) by checking RASR. Record the information on the applicable Development Worksheet screen as necessary and appropriate. For non-attorney representatives, record the following based on the type of case being processed on the applicable Development Worksheet:

   ISSUE - EDPNA (stands for "eligible direct payment non-attorney")
   
   REC - Input date of verification
   
   REMARKS - Based on information on the list, type "Eligible for Direct Payment" (or "EDP"), "Not eligible for direct payment" (or "NEDP"), or "Not on list."

   If the non-attorney representative is eligible for direct payment, the NOT2 screen should show “Eligible for Direct Pay Non-Attorney.” If the non-attorney representative is not eligible for direct payment at the time the claim is being processed, verify that the Appointed Representative type on the NOT2 screen shows “2,” “non-attorney.” Make any changes or corrections in RASR.

   If the representative validly assigned direct payment of the fee to an entity, determine if the entity is eligible to receive direct payment. Verify through RASR that the entity is registered and has not been placed on the Ineligible for Direct Payment Entity (IDPE) list.

4. 4. 

   Representatives whom we determine are eligible for direct payment may receive direct payment in a case only if the representative has entered into an agreement with the claimant for representation, regardless of whether the appointment is still valid. Verify that the claimant and the representative completed and signed the Form SSA-1696 (or other writing for appointments that predate December 9, 2024) and that the form is in the file. If the form is not in the file, request the representative submit a copy of the Form SSA-1696 (or other writing for appointments that predate December 9, 2024) that meets the relevant signature requirements (see GN 03910.040).

5. 5. 

   If a non-attorney representative states they are eligible to receive direct payment, but our records establish that the representative is not eligible, advise them that they are not eligible for direct payment. Model language to use in these situations is as follows:

   You advised your client, (claimant's name), and indicated on the signed Form SSA-1696 [or a written statement appointing the representative] that you are eligible for direct payment. Under Titles II and XVI of the Social Security Act, certain non-attorney representatives have the option to have an approved representative's fee withheld and paid directly from a claimant's past-due benefits. However, [select the correct conclusion]

   • –

     you have not been found eligible to receive direct payment or

   • –

     you failed to maintain your eligibility for direct payment.

   Therefore, if we later approve the fee agreement between you and your client and authorize a fee, we will not directly pay the fee to you unless SSA determines that you are eligible for direct payment before we release withheld past-due benefits. Therefore, unless your eligibility changes, you will have to look to your client for payment of any fee authorized in this case.

   Refer to GN 03920.018E.2. to verify direct payment eligibility of a non-attorney representative. If technicians believe a non-attorney representative intentionally misrepresented their eligibility for direct payment or if the non-attorney representative continues to submit direct payment information for other claims, refer to GN 03970.017B., and GN 03970.017C., for possible referral to the Office of the General Counsel. For instructions about Disability Determination Services representative misconduct referrals, see DI 31001.010D.

6. 6. 

   For an Electronic Disability Collect Systems (EDCS) case, ensure that the "Representative Involved" flag is selected. Complete Form SSA-1128 (Representative Involved) as appropriate and staple it to the outside lower right of a paper claim(s) file. (See GN 03910.040F.2.)

7. 7. 

   Ensure the representative's name and address are documented in RASR as required in GN 03910.040F.2. Enter the representative's information on any auxiliary claims and/or the eligible spouse's claim also if the auxiliaries or spouse are not independently represented.

8. 8. 

   In concurrent Titles II and XVI claims, upload the fee agreement to the certified electronic folder (CEF) in eView or the Evidence Portal. For non-CEF cases, ensure the fee agreement is loaded to Evidence Portal. If the CS is processing a favorable decision on a concurrent claim, follow GN 03940.050 and MS 00302.014.

9. 9. 

   If the CS is processing a favorable determination or decision (hereinafter we generally refer to both as a “decision”) on a Title II claim, follow GN 03940.015, MS 03508.004 and MS 03509.009, to process the fee agreement. If the CS is processing a favorable decision on a Title II PE action, follow GN 03940.015G.

10. 10. 

    If the CS is processing a favorable decision or PE action on a Title XVI claim, follow GN 03940.046, SM 01901.950, MS 00302.012, MS 00302.013, and MS 00302.014 to process the fee agreement.

When the PC receives a fee agreement and has jurisdiction over the claim, process the fee agreement as described in GN 03940.020 or GN 03940.025.

When the FO or PC receives a fee agreement after we made a favorable decision (See GN 03940.001B. for the definition of “date SSA makes a favorable decision”), the FO or PC will:

• •

  Determine who made the decision on the claim; and

• •

  Refer the fee agreement to the decision maker for a determination disapproving the fee agreement.

EXCEPTION: If the PC receives the fee agreement on concurrent Titles II and XVI claims or a Title II only District Office Final Authorization (DOFA) claim, the PC technician will disapprove the fee agreement.

When the FO or PC receives a Form SSA-1696 or a fee agreement after we made an unfavorable decision, the FO or PC will:

• •

  Determine the location of the claim(s) file if paper;

• •

  File the fee agreement in the claim(s) file if it is paper or ensure it is loaded to eView for a EDCS case. Always ensure the agreement is also loaded to Evidence Portal;

• •

  Annotate the SSA-1128 if there is a paper file (see GN 03910.040H.7. for instructions regarding the SSA-1128) or select the “Representative Involved” flag for an EDCS case;

• •

  Ensure that the representative's name and address are documented in RASR as described in GN 03910.040F.2.;

• •

  If handled in the PC, send a copy of the fee agreement to the FO so that the Title XVI CS can document the Supplemental Security Record (SSR) regarding the representation in the event the denial is reversed on appeal; and

• •

  Take no further action on the fee agreement.

Do not return the fee agreement to the claimant or the representative. The claimant may file an appeal, at which time the fee agreement will be material. Add the fee agreement to the claim(s) file.