TN 14 (03-98)

SI 02006.203 Fee Agreement Process — Authorization of Title II and Title XVI Representative Fees and Determination of Amount to Subtract

A. Policy

See GN 03940.001 for a description of the fee agreement process. Note that:

  • An agreement must be submitted before the date SSA makes a favorable determination or decision.

  • Special procedures apply to calculating past-due benefits in concurrent title II/XVI claims. See GN 03940.001 for instructions when a concurrent titleII/title XVI is involved.

  • The fee specified in the agreement may not exceed the lesser of 25% of the past-due benefit or the specified dollar amount of the fee cap shown in GN 03940.003A.3.

GN 03920.030 and GN 03920.033 provide instructions for calculating a Title XVI and Title II representative's fee amount.

NOTE: When the title XVI claim has been paid first, the field office must compute a fictitious title XVI past-due benefits amount in order to determine the title XVI portion of the total fee. This computation is done using the full unreduced title II amounts. The SSI eComputations (eComps) application can be used to perform this fictitious computation if it is not already shown on the SSR. Once the total fee is determined, the software can also be used in many cases to compute the adjustment.

B. References

C. Procedure

Use the procedure below for determining title XVI past due benefits and title XVI fee when title XVI paid first:

  • Follow GN 03940.050A - GN 03940.050B to determine if a fee calculation is required. If so, follow steps 1 - 7 of GN 03940.050C to determine the total fee.

  • When you reach step 3.c., call up the eComps application to help you compute the “fictitious” title XVI past-due amounts.

  • Enter the required data for the SSI computation beginning with the first month of SSI eligibility. Be sure to enter proration data and all income received. Include title II that is actually received. Continue the computation through the month of effectuation of the Title XVI benefits.

    After all data are entered, trigger the RMA computation.

  • Next, select choice 5., “Windfall Offset Computation” from the RMA main menu. Then from the Windfall Offset Menu, select choice 1., “Enter a Windfall Offset Computation.” Follow the software instructions to indicate the beginning and ending dates of the windfall period.

CAUTION: DO NOT enter any attorney fee amount when computing the “fictitious” past due benefits. Use the full amount of title II retroactive benefits for each month of type W income (except for the last two months of the windfall period which are always zero). After all data are entered, trigger the windfall offset computation.

  • Print the SSA-4346 SSI Offset Summary. Using the SSA-4346, total up the new FAM and new SAM amounts for all months in the computation. Include all the months paid in the title XVI retroactive payment in your total.

NOTE: If any months in the SSI retro are not part of the windfall period, the amount paid for those months should be added to this total. Remember that you must reduce your total by any payments that are not past due benefits for representation fee purposes per GN 03940.001B.7. Once you have completed this step, you will have determined the correct amount of title XVI past due benefits to be used in computing the title XVI fee.

  • Proceed to determine the title XVI fee by following step 5 of