GN 03950.045 Postreview Actions Under the Fee Petition Process - PC Jurisdiction Cases
The PC reviewer will ensure that all appropriate notifications and disbursements concerning attorney's fees are made after administrative review.
1. FO Notification
In concurrent titles II and XVI cases, the PC reviewer sends the servicing FO a copy of the administrative review determination.
The PC reviewer annotates Optional Form 41 (Routing and Transmittal Slip) or Form SSA-559 (Transmittal Slip for Claims Folders): "Authorized legal fee incurred in concurrent title II - title XVI claims — Title XVI CR follow the procedures outlined in SI 00830.100 and SI 02006.210." The PC reviewer will also annotate the title II claim(s) file copy of the fee determination: “CC to FO (FO Code) (Date).”
In title XVI only cases, the PC reviewer places the original administrative review determination in the claim(s) file and returns the file to the servicing FO.
2. Disposition of Withheld Past-Due Benefits
If SSA continues to withhold past-due benefits for payment of the authorized attorney's fee the PC reviewer instructs the BA concerning the disposition of these benefits.
3. Attorney Unable to Collect Fee
When an attorney reports that he/she is unable to collect the fee that resulted from the administrative review determination the PC reviewer:
directs the BA to certify direct payment of the fee decided on administrative review to the attorney (to the extent of the remaining withheld past-due benefits released after the initial fee payment); and
asks the BA to establish an overpayment and initiate recovery.