Effective Dates: 12/07/2024 - Present

Identification Number:
GN 03905 TN 19
Intended Audience:See Transmittal Sheet
Originating Office:ORDP ODP
Title:Forms, Exhibits and Notices for Representatives
Type:POMS Full Transmittals
Program:All Programs
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM

Part GN – General

Chapter 039 – Representation and Representative's Fee

Subchapter 05 – Forms, Exhibits and Notices for Representatives

Transmittal No. 19, 12/06/2024

Audience

PSC: BA, CA, CS, DE, DEC, DS, ICDS, IES, ILPDS, ISRA, PETE, RECONR, SCPS, TSA, TST;
OCO-OEIO: BIES, CAQCR, CR, PETL, RECONR, RECOVR
OCO-ODO: BTE, CR, CST, CTE, CTE TE, DS, PETE, PETL, RECOVR;RCOVTA,
ODD-DDS: DHU,
FO/TSC: CS, CS TII, CS TXVI, CSR, CTE, FR, OA, OS, RR, TA, TSC-CSR;

Originating Component

ODP

Effective Date

Upon Receipt

Background

We published a final rule on August 21, 2024. The regulation establishes a process for representatives to assign direct payment of fees to entities and the mandatory use of the form SSA-1696. The changes implemented in this section are part of several changes to our subregulatory guidance in accordance with the First Circuit Court decision in Marasco & Nesselbush, LLP v. Tara Collins and Social Security Administration. These notices are necessary to inform entities and their POCs of our process. We received AC approval for the notice clearance package on August 23, 2024.

Summary of Changes

GN 03905.036 Assignment Notices

This is a new section with three notices for assignment notices.

RSR120 - Notification of Assignment to Entity Representative will be released through RASR.

RSR123 - Notification of Assignment Rescission to Entity will be released through RASR.

MAO101 - Notification of Failed Assignment to Representative will be released through Aurora or DPS.

 

GN 03905.095 Erroneous Entity Fee Payment Notices

This is a new section with three notices for erroneous entity fee payment notices.

MAO104 - Notification of Collection Action to Entity will be released through ...

MAO105 - Final Notification of Collection Action to Entity will be released through...

RSR122 - Notification of Action to Terminate Eligibility for Direct Payment to Entity will be released through RASR.

GN 03905.036 Assignment of Direct Payment Notices

 

A. When to use

An appointed representative may assign direct payment of authorized fees to an entity. The notices in this section are for successful, failed, and rescinded of assignments.

B. Exhibits

1. RSR120 - Notification of Assignment to Entity

Attention: [Entity POC Name] (Entity POC)

[Rep Name] has requested that [Entity Name] receive direct payment of any fee we authorize for services provided on [Claimant Name (possessive)] claim(s).

We processed this assignment request. We will pay the fee due for services provided on this claim directly to [Entity Name] in accordance with [Rep Name (Possessive)] request and agency policy. It is important to keep registration information up to date to ensure accurate payments and continuing eligibility for direct payment. Use Form SSA-1694, Entity Registration and Taxpayer Information, to update [Entity Name (Possessive)] records with us.

Suspect Social Security Fraud?

If you suspect Social Security fraud, please visit http://oig.ssa.gov/r or call the Inspector General's Fraud Hotline at 1-800-269-0271 (TTY 1-866-501-2101).

If You Have Questions

Please visit our Representing Claimants website at www.ssa.gov/representation for general information.  

If you have questions, please call us at 1-800-772-6270. If you are deaf or hard of hearing, you can call the TTY number, 1-800-325-0778 between 7:00 a.m. and 5:30 p.m. Eastern time, Monday through Friday. When you call, please have this letter with you to help us answer your questions.

If you have questions about reporting income or Form 1099-MISC, please contact the Internal Revenue Service.

2. RSR123 - Notification of Assignment Rescission to Entity

Attention: [Entity POC Name] (Entity POC)

We previously notified you that we had processed [Rep Name (Possessive)] request to assign to [Entity Name] ([Entity EIN]) direct payment of any fee we authorize for representational services [Rep Name] provided in [Claimant Name (Possessive)] claim.

We now write to notify you that [Rep Name] has rescinded that assignment. 

A representative may rescind an assignment at any time prior to the date we notify the claimant of the first favorable determination or decision in their claim. We will honor the representative’s request to rescind an assignment if it is made timely and otherwise complies with our rules.

Because the request to rescind the assignment was timely and otherwise complied with our rules, we have processed it and we will not pay [Entity Name] any fee we authorize for representational services [Rep Name] provided in [Claimant Name (Possessive)] claim.

Please do not contact us regarding this issue. If you have questions, contact [Rep Name]. 

Suspect Social Security Fraud?

If you suspect Social Security fraud, please visit http://oig.ssa.gov/r or call the Inspector General's Fraud Hotline at 1-800-269-0271 (TTY 1-866-501-2101).

If You Have Questions

Please visit our Representing Claimants website at www.ssa.gov/representation for general information.   If you have questions, please call us at 1-800-772-6270. If you are deaf or hard of hearing, you can call the TTY number, 1-800-325-0778 between 7:00 a.m. and 5:30 p.m. Eastern time, Monday through Friday. When you call, please have this letter with you to help us answer your questions.  

If you have questions about reporting income or Form 1099-MISC, please contact the Internal Revenue Service.

3. MAO101 - Notification of Failed Assignment to Representative

We received your request to assign direct payment of any authorized fee to [Entity Name], but we are unable to honor your request for at least one of the following reasons:

  • •

    the request was incomplete;

  • •

    the request was not timely;

  • •

    this entity is not properly registered;

  • •

    you are currently ineligible to receive direct payment;

  • •

    this entity is currently ineligible to receive direct payment; or

  • •

    your request does not otherwise comply with our rules for assigning direct payment of an authorized fee.

Unless we receive a valid assignment request, we will pay the authorized fee to you, consistent with our policy, if you are eligible to receive direct payment at the time of payment.   If an ineligible entity becomes eligible for direct payment before we notify the claimant of our first favorable determination or decision in this case, you may resubmit your request to assign direct payment of your fee to this entity.

Suspect Social Security Fraud?

If you suspect Social Security fraud, please visit http://oig.ssa.gov/r or call the Inspector General's Fraud Hotline at 1-800-269-0271 (TTY 1-866-501-2101).

If You Have Questions

Please visit our Representing Claimants website at www.ssa.gov/representation for general information.   If you have questions, please call us at 1-800-772-6270. If you are deaf or hard of hearing, you can call the TTY number, 1-800-325-0778 between 7:00 a.m. and 5:30 p.m. Eastern time, Monday through Friday. When you call, please have this letter with you to help us answer your questions.

If you have questions about reporting income or Form 1099-MISC, please contact the Internal Revenue Service.

GN 03905.095 Excess Fee Payment to Entity Notices

 

A. When to use

The notices in this section are for collection of an excess fee payment to an entity and termination of entity eligibility to receive direct payment of authorized fees.

B. Exhibits

1. MAO104 - Notification of Collection Action to Entity

Attention: [Entity's POC Name] (Entity POC)

Our records show that [Entity Name] ([Entity EIN]) received [Amount Received] for services [Rep Name] provided to [Claimant or Aux Beneficiary Name] on their claim for [Type of Benefit]. However, [Entity Name] should have received [Correct Amount]. Because of this error, [Entity Name] received [Erroneous Amount] in excess fees.

As a result, [Entity Name] must refund [Erroneous Amount] to us within 20 days from the date of this notice. Please make the refund check payable to: Social Security Administration. Include the entity’s EIN, the Representative ID of the representative who assigned direct payment of the fee to [Entity Name], and the claimant or auxiliary beneficiary’s full name and Social Security Number on the refund check. Submit the payment to the address at the top of this notice.

If [Entity Name] fails to refund the excess fees received, we may deem [Entity Name] ineligible to receive direct payment. Once an entity loses eligibility to receive direct payment of fees, we will not honor any assignments made by a representative to the entity until the entity takes necessary action to restore eligibility.

Suspect Social Security Fraud?

If you suspect Social Security fraud, please visit http://oig.ssa.gov/r or call the Inspector General's Fraud Hotline at 1-800-269-0271 (TTY 1-866-501-2101).

If You Have Questions

Please visit our Representing Claimants website at www.ssa.gov/representation for general information.  

If you have questions, please call us at 1-800-772-6270. If you are deaf or hard of hearing, you can call the TTY number, 1-800-325-0778 between 7:00 a.m. and 5:30 p.m. Eastern time, Monday through Friday. When you call, please have this letter with you to help us answer your questions.

If you have questions about reporting income or Form 1099-MISC, please contact the Internal Revenue Service.

2. MAO105 - Final Notification of Collection Action to Entity

Attention: [Entity's POC Name] (Entity POC)

We previously wrote to inform [Entity Name] ([Entity EIN]) on [Date of 1st Contact], that it received [Erroneous Amount] in error for services [Rep Name] provided in the claim(s) of [Claimant or Aux Beneficiary Name].

In our previous correspondence, we asked that [Entity Name] refund the erroneous amount and provided instructions on how to do so. To date, the error has not been corrected despite our previous correspondence. This is our final attempt to recover the excess fees [Entity Name] received in error for services [Rep Name] provided on the claim(s) of [Claimant or Aux Beneficiary Name].

Please make the refund check payable to: Social Security Administration.

Include the entity’s EIN, the Representative ID of the representative who assigned direct payment of the fee to [Entity Name], and the claimant or auxiliary beneficiary’s full name and Social Security Number on the refund check. Submit the payment to the address at the top of this notice.

If [Entity Name] fails to refund excess fees received within 20 days of the date of this notice, we may deem [Entity Name] ineligible to receive direct payment. Once an entity loses eligibility to receive direct payment of fees, we will not honor any assignments made by a representative to the entity until the entity takes necessary action to restore eligibility.

Suspect Social Security Fraud?

If you suspect Social Security fraud, please visit http://oig.ssa.gov/r or call the Inspector General's Fraud Hotline at 1-800-269-0271 (TTY 1-866-501-2101).

If You Have Questions

Please visit our Representing Claimants website at www.ssa.gov/representation for general information.  

If you have questions, please call us at 1-800-772-6270. If you are deaf or hard of hearing, you can call the TTY number, 1-800-325-0778 between 7:00 a.m. and 5:30 p.m. Eastern time, Monday through Friday. When you call, please have this letter with you to help us answer your questions.

If you have questions about reporting income or Form 1099-MISC, please contact the Internal Revenue Service.

3. RSR122 - Notification of Action to Terminate Eligibility for Direct Payment to Entity

Attention: [Entity's POC Name] (Entity POC)

We previously wrote to inform [Entity Name] ([Entity EIN]) that it received [Erroneous Amount] in error for services provided in the claim(s) of [Claimant Name or Aux Beneficiary Name].

In our previous correspondence, we asked that [Entity Name] refund the erroneous amount and provided instructions on how to submit the refund to us. To date, the error has not been corrected.

Since [Entity Name] has not returned the excess fee, effective immediately, [Entity Name] is ineligible to receive direct payment of authorized fees. This means that we will no longer honor any assignment of direct payment of fees to [Entity Name]. The entity will remain ineligible to receive direct payment of authorized fees until we receive a full refund of the excess fees.

Suspect Social Security Fraud?

If you suspect Social Security fraud, please visit http://oig.ssa.gov/r or call the Inspector General's Fraud Hotline at 1-800-269-0271 (TTY 1-866-501-2101).

If You Have Questions

Please visit our Representing Claimants website at www.ssa.gov/representation for general information.  

If you have questions, please call us at 1-800-772-6270. If you are deaf or hard of hearing, you can call the TTY number, 1-800-325-0778 between 7:00 a.m. and 5:30 p.m. Eastern time, Monday through Friday. When you call, please have this letter with you to help us answer your questions.

If you have questions about reporting income or Form 1099-MISC, please contact the Internal Revenue Service.


GN 03905 TN 19 - Forms, Exhibits and Notices for Representatives - 12/07/2024