In the following title XVI only and concurrent titles II and XVI claims situations,
it is necessary to manually produce a title XVI fee notice:
Claimant has two or more representatives.
Spouse’s past-due benefits are included in the past-due benefits SSA uses to authorize
the representative’s fee and to pay the representative’s fee (if the representative
is eligible for direct payment).
SSA disapproves the fee agreement and withholds past-due benefits for possible direct
payment of a fee authorized under the fee petition process.
Claimant was overpaid for a prior period of eligibility. (Although it is necessary
to produce a manual fee notice when the claimant was overpaid for a prior period of
eligibility, it is not necessary to include information about the overpayment in the
fee notice. Unless the claim involves another reason for producing a manual notice,
follow the procedures in GN 03940.055C. or GN 03940.055D. to determine the notice content.)
The authorized fee is computed manually. (Refer to GN 03940.046C. for situations that require manual fee computation.)
SSA recomputes the claimant’s benefit and makes direct payment to the representative.
The appointed representative waives a fee.
If a request for administrative review of the authorized fee is filed, the reviewing
official modifies the previously authorized fee, and the amount of the assessment
changes, a manual notice to explain the assessment is necessary. Such a notice should
include text available in DPS, but may also require the CR to draft case specific
language. If there is no change in the assessment, a fee notice may not be required
because the reviewing official notifies the claimant and the representative of the
authorized fee amount resulting from the administrative review.
Language to produce a fee notice manually is in DPS. The templates for situations
that require a manual notice are in the “Initial Claims/Fee Agreement” section. Refer
to GN 03940.070 for further guidance on preparing manual fee notices in fee agreement cases.