In many cases, the PC can authorize the final fee only after adjudicating the auxiliary
claim(s). GN 03920.030B. discusses past-due benefits of an auxiliary beneficiary(ies). Refer to GN 03920.035B. for policy on withholding from an auxiliary beneficiary(ies) prior to and beginning
with the implementation of Title 2 Redesign Release 3 (T2R3) on June 21, 2004.
When an auxiliary claim(s) is delayed and the amount of the fee based on the primary
claimant and any non-delayed auxiliary(ies) is less than the statutory maximum indicated
in GN 03940.003B.3., the PC authorizes a partial fee based on the known past-due benefits amount from
the primary claimant's and any non-delayed auxiliary's(ies') award(s). The notice
advises the number holder and representative of the possibility that the fee may increase
once SSA adjudicates the delayed auxiliary(ies) claim(s). NOTE: Effective with the implementation of T2R3, if all the auxiliaries do not reside
in the same household, the difference between the fee amount paid by the primary claimant
and the authorized fee is prorated between/among all the auxiliaries. Refer to GN 03920.035B.2.b. for proration information.
If the claimant filed concurrent titles II and XVI claims, before authorizing an additional
fee based on benefits payable to any delayed auxiliary(ies), query the Single Payment
System (SPS) to determine if an additional fee was inadvertently authorized based
on title XVI past-due benefits before the total title II fee amount was known. Generally,
SSA should not authorize the title XVI fee amount until the total title II fee amount
(including fees based on the past-due benefits of any auxiliary beneficiaries) is
known (see GN 03940.050). However, if SSA inadvertently authorized a title XVI fee amount early, consider
that amount in determining whether the fee agreement provisions provide for the authorization
of any additional fee amount.