If SSA paid the initially authorized fee with all the past-due benefits previously withheld, no further action is necessary if the fee is increased on administrative review.

If SSA paid the fee OHO initially authorized with only a portion of the past-due benefits previously withheld because:

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  the authorized fee was less than the past-due benefits amount; or

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  payment from past-due benefits decreased after adjustment for a trust or escrow account;

and the fee was increased on administrative review, SSA informs the claimant and any affected auxiliary beneficiary(ies) of their obligation to pay the increased fee.

The RECONR prepares a notice telling the claimant and any affected auxiliary beneficiaries that:

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  the fee reviewer increased the attorney's fee (indicating the amount of the increase and the total fee authorized);

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  the law requires SSA to withhold up to 25 percent of past-due benefits toward direct payment of an attorney's fee;

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  following the payment of the original fee to the attorney, SSA released the remaining past-due benefits to the claimant and affected auxiliary beneficiary, if appropriate;

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  the attorney expects the claimant (and any affected auxiliary beneficiaries) to pay the increased fee; and

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  if the claimant (or any affected auxiliary beneficiary) does not arrange to pay the attorney, SSA will have to take action to withhold these fees from his/her future benefits.

The RECONR prepares a notice telling the attorney:

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  how much the fee reviewer increased the initial fee on administrative review;

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  how much the fee reviewer authorized (total fee);

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  that SSA can not certify direct payment of the increased fee because the amount of withheld past-due benefits remaining after the payment of the initial fee was released to the claimant (or affected auxiliary beneficiary(ies)) following the initial fee authorization;

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  that the attorney should attempt to collect the increased fee directly from the claimant (or affected auxiliary beneficiary(ies)); and

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  that the attorney should notify SSA if the claimant (or affected auxiliary beneficiary(ies)) does not make a satisfactory arrangement to pay the fee.

If the attorney reports that he/she is unable to collect the increased fee from the claimant (or affected auxiliary beneficiary(ies)), the RECONR instructs the BA to:

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  certify direct payment of the increased fee to the attorney (to the extent of the remaining withheld past-due benefits released after the initial fee payment);

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  establish an overpayment;

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  initiate recovery; and

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  if waiver of recovery is requested by the claimant (or affected auxiliary beneficiary(ies), follow the usual waiver procedures.