TN 50 (12-24)
In Title XVI only claims, after completing the procedures described in GN 03940.010, take the following actions:
Ensure that the representative data is correctly posted in the Registration, Appointment, and Services for Representatives (RASR) application and to the UATH (see MS 00302.013) screen and the UFEE screen (see MS 00302.014).
NOTE: If there is more than one representative, code the "Multiple Authorized Representatives" field on the UFEE screen "Y." See MS 00302.014
Check RASR to determine if a representative has not waived their fee and is eligible for direct payment of the fee (see GN 03920.016. Refer to GN 03920.018 for specific policy on direct payment to non-attorney representatives). For non-attorney representatives, if not previously recorded, record the following based on the type of case being processed on the Development Worksheet or MDW screen:
ISSUE — EDPNA (stands for "eligible for direct payment non-attorney")
REC — Input date of verification
REMARKS — Based on information on the list, type "Elgble for Direct Pymnt" (or "EDP"), "Not elgble for direct pymnt" (or "NEDP"), or "Not on list."
If a representative has validly assigned direct payment of their authorized fee to an entity as per GN 03920.021, determine if that entity is eligible to receive direct payment of fees by querying RASR to ensure that the entity has registered and not been placed on the Ineligible for Direct Payment Entity list.
If the non-attorney stated they are eligible for direct payment, but they are not, advise the representative that we cannot make direct payment. Model language to include in the fee notice follows:
You advised your client, (Beneficiary's name), and indicated on the signed Form SSA-1696 (Claimant's Appointment of a Representative) [or written notice of appointment (only for appointments established before December 9, 2024, see GN 03910.040A.2. NOTE)] 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 their authorized representatives' fees withheld and paid directly from a claimant's past-due benefits. However, [Select the appropriate conclusion]
you do not meet all the qualifications to be eligible for direct payment,
you did not meet all the qualifications to be eligible for direct payment until after we effectuated the favorable decision on your client's claim, or
you failed to maintain your eligibility for direct payment.
Accordingly, we will not pay any authorized fee directly to you. You must look to the claimant for payment of the fee authorized in this case.
Refer to GN 03920.018E.2. for possible referral to the Office of the General Counsel.
Ensure that the fee agreement is associated with the claim(s) file.
Complete the procedures in GN 03940.010.
Provide a copy of the fee agreement to the Title XVI CS.
Ensure that the representative data has been correctly posted in RASR as well as the UATH screen and the UFEE screen. The representative's status on the UATH screen and on the UFEE screen should correspond to the status recorded on the Title II system and RASR.
If RASR reflected that a representative was not eligible for direct payment, we did not pay the Title II portion of the fee to the representative. If you determine that the representative was eligible for direct payment when the decision was effectuated and did not waive their fee on the Title II claim, pay the representative, or the entity, if there is a valid assignment of direct payment, directly from the Title XVI past-due benefits and notify the Title II CR to follow the failure to withhold procedures in GN 03920.055.
NOTE: When the non-attorney representative is eligible for direct payment, the NOT2 screen will show “Eligible for Direct Pay Non-Attorney (MS 03509.009).”
Associate the fee agreement with the claims(s) file.
Take no action under the fee agreement process if we do not favorably decide the Title XVI claim or post-eligibility action.