GN 03910.010 asserts a beneficiary’s right to representation, including expedited reinstatement.
Individuals have the right to representation while applying for EXR and any related
appeals. A representative who wants to charge or collect a fee for services provided
in these administrative proceedings must first obtain SSA’s authorization, except
when the conditions described in GN 03920.010 are present.
If SSA makes a favorable medical determination on the EXR request, and the claimant’s
title XVI benefits are reinstated, and the claimant’s representative requests a fee
for the administrative services he/she provided the claimant, SSA does not include
these provisional payments in authorizing a fee under the fee agreement process. In
addition, SSA does not use these provisional payments to calculate the amount of the
title XVI past-due benefits to withhold for direct payment of a representative’s fee
under the fee agreement or fee petition process, or to pay a fee authorized by a court.
Refer to GN 03920.017, Payment of Representative’s Fee, and GN 03920.031, Representative’s Fee – Title XVI Past-Due Benefits.