POMS Recent Change

Effective Dates: 12/09/2024 - Present

Identification Number:	GN 03930 TN 33
Intended Audience:	See Transmittal Sheet
Originating Office:	OARO OAO
Title:	Fee Authorization Under the Fee Petition Process
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 30 – Fee Authorization Under the Fee Petition Process

Transmittal No. 33, 12/09/2024

Audience

PSC: BA, CA, DS, ICDS, IES, ILPDS, IPDS, ISRA, PETE, RECONR, SCPS;

OCO-OEIO: BIES, BTE, CIES, CR, CTE, PETL, RECONR, RECOVR;

OCO-ODO: BTE, CR, CST, CTE, CTE TE, DS, PETE, PETL, RCOVTA, RECOVR;

FO/TSC: CS, CS TII, CS TXVI, CSR, CTE, FR, OA, OS, RR, TA, TSC-CSR;

Originating Component

OAO

Effective Date

Upon Receipt

Background

On July 16, 2021, the United States Court of Appeals for the First Circuit issued a decision in Marasco & Nesselbush, LLP v. Collins , instructing the Social Security Administration (SSA) to find a reasonably reliable means for law firms or other entities to receive direct payment of the fees the agency authorizes to their salaried employees. On August 4, 2023, SSA published a Notice of Proposed Rulemaking (NPRM), entitled Changes to the Administrative Rules for Claimant Representation and Provisions for Direct Payment to Entities. The NPRM announced SSA’s framework for ensuring law firms and other entities could receive direct payment of the fees the agency authorizes to their salaried employees. SSA will soon publish a final rule and regulations implementing this framework.

We are preparing POMS for consistency with the framework announced in the NPRM and finalized in the Final Rule and updated regulations. The regulations provide updated definitions, updated requirements for appointing a representative and for representative and entity registration, and establish a process for representatives to assign direct payment of fees to entities. Furthermore, the regulations provide that in limited circumstances an entity’s point of contact can file a fee petition on behalf of the entity. GN 03930.020 explain those circumstances and the remaining sections include references to GN 03930.020 where appropriate. The changes to subchapter GN 03930 implement the regulatory changes and provide guidance that aligns with the changes.

This is part 3, of a larger 3-part package.

Summary of Changes

GN 03930.085 Fee Reviewer Responsibilities - Overview - Fee Petition Process

We updated language throughout to enhance clarity, improve accuracy, and ensure consistency with post-Marasco regulatory changes. We also made minor changes throughout to remove gendered language.

GN 03930.090 No Fee Petition or Fee Authorization Received by PC or FO when Diary Matures and SSA is Withholding Past-Due Benefits – Non-Court Case

We updated language throughout to enhance clarity, improve accuracy, and ensure consistency with post-Marasco regulatory changes. We also made minor changes throughout to remove gendered language.

GN 03930.091 No Fee Petition or Fee Authorization Received by PC or FO Before Diary Matures and SSA is Withholding Past-Due Benefits – Court Case

We updated language throughout to enhance clarity, improve accuracy, and ensure consistency with post-Marasco regulatory changes. We also made minor changes throughout to remove gendered language.

GN 03930.095 Preliminary Actions on Receiving the Petition for a Fee for Services Below the Hearing Level

We updated language throughout to enhance clarity, improve accuracy, and ensure consistency with post-Marasco regulatory changes. We also made minor changes throughout to remove gendered language.

GN 03930.110 Notifying the Representative and the Claimant of the Fee Authorized Under the Fee Petition Process for Services Below the Hearing Level

We updated language throughout to enhance clarity, improve accuracy, and ensure consistency with post-Marasco regulatory changes. We also made minor changes throughout to remove gendered language.

GN 03930.085 Fee Reviewer Responsibilities - Overview - Fee Petition Process

A. Policy - General Tasks

The individual assigned responsibility for authorizing fees (e.g., reconsideration reviewer or claims technical expert (CTE)) in the processing center (PC):

•
Resolves or instructs others (e.g., the benefit authorizer (BA), post-entitlement technical expert (PETE), or claims specialist (CS)) about issues related to Title II benefit withholding, fee petitions, and direct payment of authorized fees from Title II past-due benefits;
•
Evaluates the fee petition and authorizes a reasonable fee for representation in cases decided at initial or reconsideration level (including Title XVI only); and
•
Notifies the field office (FO) when they authorize a fee in a Title XVI claim or concurrent Title II and Title XVI claims, and when they make a direct fee payment in concurrent Title II and Title XVI claims.

B. Policy - Specific Tasks - Title II and Concurrent Title II and Title XVI Cases

Generally, the job position assigned the fee reviewer responsibility in the PC performs some or all of these tasks:

•
Provides notice to the representative eligible for direct payment when the diary matures and the PC has not received a petition for a fee for services in administrative proceedings, a fee waiver, or a waiver of direct payment, and we are withholding past-due benefits.

NOTE: If we receive information or discover that the representative is deceased, also provide notice to the entity's point of contact (POC) if there is a valid assignment or other individual listed in GN 03930.020A if the representative did not assign their right to receive direct payment of their fee.
•
Follows the procedures in GN 03930.091 when the diary matures and the PC has not received an order from the court regarding a fee for services in court proceedings, a fee waiver, or a waiver of direct payment, and we are withholding past-due benefits.
•
Provides notice and other processing instructions on cases they decide.
•
Responds (see GN 03920.035D.) when an auxiliary beneficiary objects to our withholding from their past-due benefits for possible direct payment to the primary claimant's representative or to an eligible entity if there is a valid assignment as per GN 03920.021.
•
Instructs the BA or PETE to certify direct payment of the representative's fee from the Title II past-due benefits to the representative when the representative is eligible for direct payment, or to the entity if there is a valid assignment, and to initiate Title II overpayment recovery from the claimant when we have not withheld past-due benefits and efforts to collect from the claimant have been unsuccessful (see GN 03920.055).
•
Coordinates with the Office of the General Counsel (OGC) when (as GN 03920.055 discusses) we inadvertently do not withhold or prematurely release past-due benefits in a Title II or concurrent Title II and Title XVI court case.
•
Provides the BA or PETE with the language for our notices to the claimant and the representative when the Office of Hearings Operations (OHO) or Office of Appellate Operations (OAO) has increased or decreased a fee on administrative review (see GN 03950.050 for instructions).

NOTE : An individual PC may designate employees in another position as responsible for a given task within that component. For example, the Office of Disability Operations has designated the disability specialist as responsible for the above actions in court cases.

C. Policy - Local Practice

Depending on local practice, the fee reviewer also may:

•
Contact OHO or OAO when the diary matures and the PC has not received a fee authorization, a fee waiver, or a waiver of direct payment, and we are withholding Title II past-due benefits.
•
Determine the proper amount for us to certify for direct payment from Title II past-due benefits withheld when the representative or entity has funds in a trust or escrow account.
•
Provide notice and other processing instructions on Title II cases OHO decides.
•
Instructs the BA or PETE to certify direct payment of the authorized fee and to release any excess Title II past-due benefits when OHO, OAO, or a court authorizes a fee.
•
Issue the initial and close-out letter in court cases when the attorney does not petition the court.

GN 03930.090 No Fee Petition or Fee Authorization Received by PC or FO when Diary Matures and We Are Withholding Past-Due Benefits – Non-Court Case

A. Procedure - Case Decided at Initial and Reconsideration Levels

The benefit authorizer (BA), claims technical expert (CTE), or other position designated in the processing center (PC) in a Title II claim or concurrent Title II and Title XVI claims, or the claims specialist (CS) in a Title XVI only claim is responsible for taking the following actions:

1. Confirm That We Have Not Received a Fee Petition

When the 60-day diary matures, and you have not received a fee petition, intent to file a fee petition, or fee authorization:

•
Review the file to determine if a fee petition, fee authorization, or intent to file a fee petition has been received; and
•
Review Paperless, the Processing Center Action Control System (PCACS), the Master Beneficiary Record (MBR), the Payment History Update System (PHUS), the Supplemental Security Record (SSR), and/or the Single Payment System (SPS) for any information regarding the fee petition and authorization (possible payment to the representative). In the processing centers (PCs), technicians will have an active action control request (ACR) for the fee petition authorization. In SPS, Payment Identification Codes (PIC) SA – SZ identify payments made from Title II; direct fee payments paid from Title XVI past-due benefits do not have a PIC.

2. Consider Whether Services Have Ended

If we have not received a fee petition, intent to file a fee petition, or fee authorization, check whether the representative's services have ended:

•
Verify that the full 60-day period has elapsed since all adjudicative actions were completed.
•
Consider whether there are outstanding issues that indicate the representative’s services in the case have not ended. If the representative’s services have not ended, diary the case (PCACS diary in the PC) for the time you estimate resolution will require. Continue withholding and do not proceed to GN 03930.090A.3. below (see GN 03910.060, When a Representative’s Appointment Ends).

NOTE:

Extend the diary period (PCACS diary in the PC) if an eligible Title XVI spouse’s benefits or protected auxiliary awards are processed after the number holder/eligible individual’s claim (allow 60 days from the date of notice on the spouse or auxiliary claim). See GN 03920.030, Representative’s Fee – Title II Past-Due Benefits, and GN 03920.031, Representative’s Fee – Title XVI Past-Due Benefits.

3. Send 20-Day Notice

After confirming the representative's services have ended, if there are no outstanding issues, take the following actions:

a.
Use RASR to send a 20-day closeout letter to the representative and a copy to the claimant. This notice will ask the representative to file, within 20 days, a fee petition or a written request for an extension of time if the representative intends to charge a fee, or to notify us if the representative is waiving the fee. If the representative has died and they assigned direct payment of their fee to an entity, send the notice in the Document Processing System (DPS) or AURORA titled, "Fee Petition 20-Day Closeout" to the entity's point of contact (POC), with a copy to the claimant. If the deceased representative did not assign direct payment of their fee, send the "Fee Petition 20-Day Closeout" notice to the executor or other legal representative of the deceased representative's estate, with a copy to the claimant, after updating the deceased representative's registration information as described in GN 03913.010F.

Also, advise the representative or other individual acting for the deceased representative pursuant to GN 03930.020A that:
- •
  We will release any withheld past-due benefits to the claimant if no fee petition or intent to file a fee petition is received within the 20-day period;
- •
  The release of withheld benefits does not deprive them of the right to petition if the representative or other individual later decides to charge a fee; and
- •
  Attempting to collect a fee without obtaining our authorization could violate section 206(a) and/or section 1631(d)(2) of the Social Security Act (42 U.S.C. 406(a) and/or 1383) and the regulations.
- •
  Any fee authorized based upon a fee petition filed dafter the 20-day period which has expired and past-due benefits have been released, it will be the responsibility of the claimant to pay.
  
  NOTE:
  
  In concurrent Title II and Title XVI claims on which we have withheld Title XVI past-due benefits, revise E3808 to include the reference to 1631(d)(2) and 1383, as given in the bullet above. See DPS for a Title XVI notice.
b.
Inform the representative that they may submit a signed fee petition using Form SSA-1560 or another writing that contains the information required by GN 03930.020D.3. Remind the representative of the need to provide a copy of the fee petition to the claimant before submitting it to us. For their convenience and for additional information about what is required, refer the representative to the electronic version of Form SSA-1560 (Petition for Authorization to Charge and Collect a Fee for Services Before the Social Security Administration) available at ssa.gov/representation/.
c.
Diary for 30 days for return to a CS. In the Office of Central Operations (OCO), the BA prepares a 30-day PCACS diary related to the existing “ATFEE FEEPAY” action control record (ACR) and routes the claims file to the development holding file (DHF PAY) for return to a CS.
d.
In the PC, if information reveals that the representative charged a fee without authorization in a possible violation of section 206(a) or 1631(d)(2) of the Act, the senior claims processing specialist (SCPS) or CTE will document any information, with assistance from the FO if necessary, and prepare a referral to the Office of the General Counsel (OGC) as a potential fee violation. These referrals are reviewed by the Operations Analysis Section (OAS) fee program analyst and forwarded to OGC for their review and potential action. For representatives, including entity POCs, refer suspected fee and non-fee violations to OGC following the instructions in GN 03970.017. If information suggests an entity collected or retained a fee without our authorization, follow the procedures in GN 03920.052D.

4. Diary Matures or Reply Received

When the reply is received or the diary matures, take the following action(s):

•
If the representative(s), or in the case of a deceased representative an entity's POC or other individual listed in GN 03930.020A, filed a fee petition, and the petition is received in the FO, forward the petition to the PC. In the PC, the CS/CTE follows GN 03930.095 through GN 03930.105 to evaluate services and determine a reasonable fee.
•
If the representative(s), or in limited circumstances, the POC or other individual, filed a request for an extension of time, proceed to GN 03930.090A.5.
•
If the representative filed a waiver of the fee or direct payment and no other representatives are seeking direct payment, refer the Title II case to the BA to release the withheld Title II past-due benefits using Manual Adjustment Credit and Award Data Entry system (MACADE) (special entry EA). Refer the Title XVI case to the CS to close out the FEE PETITION issue and release the underpayment (U TAC).
•
If the representative(s), or when the representative is deceased the POC or other individual listed in GN 03930.020A, has not filed a fee petition or otherwise complied with our instructions, refer the Title II case to the BA to release the withheld past-due benefits using MACADE (special entry EA). Refer the Title XVI case to the CS to close out the FEE PETITION issue on the Development Worksheet and release the underpayment (U TAC) from the SSR. In Title II cases, provide instructions to send the representative(s) a copy of the beneficiary notice. You may use E3818, found in NL 00703.818. In Title XVI cases, the system automatically issues a notice to the claimant with a copy to the representative(s). Do not send a copy of either notice to an entity's POC without the claimant's written consent.

5. Representative Requests Extension

If the representative or, in the case of a decesed representative, the POC or other individual described in GN 03930.020A, filed a request for an extension of time within which to petition, take the following actions:

a. Consider the Reasons Given

Consider the reasons given, remembering that:

•
The representative should not petition for a fee until they have completed providing services for the claimant and any auxiliary beneficiary or spouse;
•
The representative may request and receive more than one extension of time;
•
In the case of a point of contact (POC) or other individual requesting an extension, the circumstances described in GN 03930.020 may have prevented them from filing earlier; and
•
Whether you grant an extension depends on the circumstances.

b. Provide Written Notice to the Representative

Provide written notice to the representative or other filer explaining the decision and rationale. If you decide not to grant the extension of time, state that the fee petition must be filed within 20 days of the date of your notice. In Title II or concurrent claims, send copies to the claimant and the servicing FO.

c. Prepare a Diary

In the PC, prepare a PCACS diary based on your decision. In the FO, change the follow-up date on the FEE PETITION ISSUE on the Development Worksheet.

d. Reply Received or Diary Matures

When you receive the reply or when the diary matures, follow GN 03930.090A.3.

B. Procedure - Case Decided at Hearing Level

If the 60-day diary matures and the PC or FO has not received an administrative law judge’s (ALJ’s) fee authorization, the position assigned these functions in the PC or the CR in the FO takes the following actions:

1. Review Relevant Information About the Case

a. Obtain Queries

Obtain an MBR query in a Title II claim, an MBR and a Supplemental Security Record (SSR) query in a concurrent claim, an SSR in a Title XVI claim, and an OHAQ or Case Processing and Management System (CPMS) information to determine whether:

•
There are outstanding issues (e.g., workers’ compensation offset, a delayed auxiliary claim, or a delayed spouse’s claim) that indicate the representative’s services in the case have not ended;
•
The claimant appealed a partially favorable decision; or
•
The representative or other authorized individual has filed a fee petition, and if so, the status of that request.

b. Accessing CPMS

To access CPMS, go to CPMS. (CPMS is also accessible through the “SSA Web Index Page” or the big red “I” icon on the desktop.)

•
Click on “OHO - Case Processing and Management System.”
•
Input the number holder’s SSN and press “Search.” If the response is “NO SSN FOUND,” then no information is available on the claim. Refer to GN 03930.090B.2.
•
If the SSN is found, click on “View” to the right of the claimant’s name (select the name associated with the pertinent hearing request date) to view the General Information Summary.
•
On the left side of the General Information Summary screen, click on “Representative Information” to view representative and waiver information.
•
Click on “Back” and select “Representative Fee” to view the fee document summary.

For more information on how to use CPMS, see the CPMS Training Manual.

c. eView or Evidence Portal (EP)

Access eView to determine if fee documentation is in the electronic record.

•
Review documentation in Tab B to determine if the fee petition document has been filed.
•
Review Tab A to determine if a fee authorization determination has been uploaded to eView.
•
If there is no indication that a fee petition document has been filed din Tab B and no authorization is present in Tab A, review for mislabeled documents in all sections of eView, especially items labeled as Post Office returned mail.

If there is no record in eView, access Evidence Portal (EP) to determine if fee documentation has been imported into the electronic file maintained in this repository.

2. Evaluate Query Information

a. Fee Petition Received

If a fee petition has been received but a fee has not been authorized, prepare a PCACS or FO diary for an additional 30 days. In OCO, prepare a PCACS diary related to the existing ACR and route the case to the DHF PAY.

If no fee petition was received or a fee was not authorized by the end of the 30-day period, refer to GN 03930.090B.3.

b. Fee Authorized

If CPMS indicates that a fee has been authorized but the authorization is not in eView or EP, request that the designated hearing office (HO) contact upload the authorization to the electronic folder, or email the fee authorization as an attachment if there is a paper file. Refer to the OHO Fee Contacts list to determine the HO contact.

After the authorization is verified, and you confirm that we are not waiting for any other eligible representative to file their fee petition or fee authorizations, take action to pay the fee and withhold the assessment as necessary.

•
Title II – Pay the fee through SPS and, if the case is not a court remand with an unresolved court fee issue, release any excess withholding to the claimant(s) using MACADE (special entry EA). Refer to SM 00834.405.
•
Title XVI – Pay the fee through the SSR. See GN 03930.032 for procedures.

NOTE: If the HO decided the case after a court remand, continue to withhold past-due benefits until the court fee issue is resolved.

c. Outstanding Issues

If there are any outstanding issues or an appeal is pending, diary the case for the time you estimate it will require to complete the action(s). Continue withholding, and do not proceed to GN 03930.090B.3.

3. Send an E-mail Message

If we have no indication that the representative(s) filed the fee petition or an intent to file the fee petition, or that the fee has been authorized, and there is no outstanding issue or appeal pending, take the following actions:

a. Send Message to HO Contact

Send an e-mail message to the designated HO contact asking whether the representative has filed a fee petition, a statement of intent to petition, or a waiver.

If you do not receive a fee authorization within 20 days, contact the OHO regional fee liaison by e-mail to resolve the fee petition issue. For the regional fee liaison contact, refer to the OHO Fee Contacts list.

b. Include Case Specific Information

Include the following information in the e-mail message.

In the SUBJECT line: DELAYED FEE AUTHORIZATION

In the TEXT:

•
Name and Social Security number (SSN) of the wage earner;
•
Date of the favorable decision;
•
ALJ’s name;
•
PC Paperless fax number or FO fax number to which the HO will send the fee authorization;
•
Statement: “Please provide either a fee authorization or status within 20 days;” and
•
Requestor’s name, job title, phone number, and component.

NOTE:

In the PC, send a cc: to the module manager and the CTE on all e-mails. Scan a copy of the e-mail on paperless actions. Print a copy of the e-mail and associate if the folder or paper ACR is controlling the action.

c. Send to Holding File

In the PCs, route the ACR to DHF PAY.

d. Diary

Diary the action for 20 days.

In the FO, to diary the case and document the request process, the CS takes these actions:

•
Change the follow-up date for the FEE PETITION issue on the Development Worksheet (or Modernized Development Worksheet (MDW)) each time a contact is made.
•
Set up a Report of Contact and record and explain each follow-up action taken to get the authorized fee amount.

4. Act on HO Reply - Fee Petition or Statement of Intent Filed

When the reply from the HO shows that the representative filed a fee petition or statement of intent to petition, take the following actions:

a. Diary Based on HO Response

Do one of the following, depending on the reply:

•
If the HO received a fee petition, diary the case for 45 days for receipt of the fee authorization. In OCO, prepare a PCACS diary related to the existing ACR and route the case to the DHF PAY.
•
If the HO received a statement of intent to petition, diary the case for the time estimated for resolution (generally no more than 60 days).

b. Send Another E-mail Message if Authorization Not Received

If the HO did not forward the fee authorization within the expected time, send another e-mail message to the HO contact. Provide the same information listed in GN 03930.090B.3., but add “SECOND REQUEST” to the remarks. Diary the action for 20 days. In the PC, return the folder/ACR/paperless action to the holding file.

c. Contact Regional Fee Liaison if Authorization Still Not Received

If you do not receive a fee authorization or a status update within 20 days, contact the OHO regional fee liaison by e-mail to resolve the fee petition issue. For the regional fee liaison contact, refer to the OHO Fee Contacts list.

Diary the action for an additional 20 days. In the PC, return the folder/ACR/paperless action to the holding file. In OCO, prepare a PCACS diary related to the existing ACR and route the case to the DHF PAY.

d. Refer to the Office of the Chief Administrative Law Judge (OCALJ) if Regional Liaison Unable to Resolve Issue

If the OHO regional fee liaison is unable to resolve the issue, refer the matter to OCALJ. To do so, forward the earlier e-mail (GN 03930.090B.3.b.) to ^OHO OCALJ Delayed Atty Fee Petitions, and request status of the fee petition.

e. Diary for OCALJ Response

Diary the claim for an additional 20 days. In the PC, return the folder/ACR/paperless action to the holding file. In OCO, prepare a PCACS diary related to the existing ACR and route the case to the DHF PAY. In the FO, follow the procedures in GN 03930.090B.3.d.

5. Act on HO Reply - Fee or Direct Payment Waived

When the HO reply shows that the representative has waived a fee or direct payment:

•
Verify that this is not a court remand case, and that we are not waiting for a fee authorization for any other representative(s) who is eligible for direct payment and timely filed their fee petition for direct payment (see GN 03930.030D.6.b.). In either situation, continue to withhold the past-due benefits until the court fee is resolved or all eligible representatives who timely filed their fee petitions have been authorized a fee.
•
In a Title II claim or concurrent Title II and Title XVI claims, refer the case to the BA/BTE for release of the past-due benefits withheld via MACADE (special entry EA). In concurrent claims, notify the servicing FO to release any withheld Title XVI past-due benefits.
•
In a Title XVI claim, release the past-due benefits to the claimant by closing out the FEE PETITION issue on the Development Worksheet and releasing the underpayment (U TAC) from the SSR.

6. Act on HO Reply - Neither Fee Petition nor Statement of Intent Filed

When the HO reply shows that the HO did not receive either a fee petition or a statement of intent to petition, take the following actions:

a. Send Notice to Representative

Send the representative, or an entity's POC or other individual listed in GN 03930.020A when the representative is deceased, the notice described in GN 03930.090A.3., advising that we will release the benefits withheld to the claimant unless a fee petition or a written request for an extension of time is filed within 20 days. Direct the representative to:

•
File the fee petition or written request with the ALJ who decided the case. (If you use paragraph E3808 in NL 00703.808, in the #6 fill-in, insert the ALJ’s name and HO address. In Title XVI only claims, advise the representative to send the petition to the FO.)
•
Send a copy of the fee petition or written request to us to prevent premature release of the benefits withheld. Provide the specific component’s (paperless) fax number and address or a self-addressed envelope.

NOTE: If the POC or other individual listed in GN 03930.020A files a fee petition after we have already released the past-due benefits, and if we released the past-due benefits in compliance with our policy in GN 03930.090 (i.e., proper notices have been sent, diaries have expired, etc.), then we would not directly pay the entity even if a fee petition was filed. However, if we had information confirming the representative is deceased but we did not send the "Fee Petition 20-day Closeout" letter to the POC or other individual listed in GN 03930.020A, we did not provide proper notice. Under those circumstances, we will grant a timely request for an extension (see GN 03930.090A.5.) and directly pay the entity or estate.

b. Diary

Diary the action for 30 days. In OCO, prepare a PCACS diary related to the existing ACR and route the case to the DHF PAY. In the FO, follow the procedures in GN 03930.090B.3.d.

7. Action - No Reply From HO

NOTE: When the procedure is to diary the case, the specific procedure for OCO is to prepare a PCACS diary related to the existing ACR and route the case to the DHF PAY.

a. Send Follow-up E-mail to HO

If the HO does not reply to the e-mail request:

•
Send a follow-up e-mail request to the HO. Diary the claim for an additional 20 days. In the PC, return the folder/ACR/paperless action to the holding file. In the FO, follow the procedures in GN 03930.090B.3.d..
•
Refer to GN 03930.090B.4., GN 03930.090B.5., or GN 03930.090B.6. when a response is received.

b. Send E-mail to Regional Contact if No Response Received

If the HO contact does not respond to the follow-up e-mail:

•
Send an e-mail request to the regional contact (as shown on the OHO Fee Contacts list). In the e-mail, include the HO, the HO contact’s name, and the dates of the original and follow-up e-mail requests.
•
Diary the action for an additional 20 days. In the PC, return the folder/ACR/paperless action to the holding file. In the FO, follow the procedures in GN 03930.090B.3.d.
•
Refer to GN 03930.090B.4., GN 03930.090B.5., or GN 03930.090B.6. when the HO or RO responds.
•
Forward the e-mail request to OCALJ at ^OHO OCALJ Delayed Atty Fee Petitions, if neither the HO nor Regional Office (RO) liaison responds within the 20-day period.
•
Diary the action for an additional 20 days. In the PC, return the folder/ACR/paperless action to the holding file.

8. Act On Response to 20-Day Notice Sent

If you receive a response from the representative or POC within 30 days, act based on the response:

a. Fee Petition Received

When you receive a copy of the fee petition in the PC, upload the fee petition to the electronic folder (eView) and Evidence Portal (EP), send an email notification to the HO fee contact, and set a new diary for 45 days for receipt of the fee authorization. For non-electronic cases, load the fee petition into EP only and forward a copy as an attachment to the email notification sent to the HO. In the FO, forward the fee petition to the fee authorizer and follow the procedures in GN 03930.090B.3.d.

If you do not receive it within that time, follow GN 03930.090B.4.b.

b. Request for Extension of Time Received

•
When you receive a copy of a request for an extension of time and the response to the extension of time is not available in eView or EP, send an e-mail message to the HO fee contact asking whether the ALJ granted an extension and, if so, until what date.
•
Diary for 20 days for the reply. In the PC, return the folder/ACR/paperless action to the holding file. In OCO, prepare a PCACS diary related to the existing ACR and route the case to the DHF PAY. In the FO, follow the procedures in GN 03930.090B.3.d. after forwarding the request to the fee authorizer.
•
When you receive the reply, diary for the time estimated for the additional time the ALJ granted, plus 30 days for receipt of the fee authorization. In the FO, follow the procedures in GN 03930.090B.3.d.
•
If you do not receive it within that time, follow GN 03930.090B.4.b.

9. Act On Failure to Respond to 20-Day Notice

If you do not receive a copy of the fee petition or request for an extension of time within 30 days, take the following actions:

a. Send E-mail to HO Contact Person

Send an e-mail message to the HO fee petition contact person similar to that in GN 03930.090B.3. However, modify the TEXT entry to include the following:

“(PC name) sent the 20-day notice about the need to file a fee petition to (representative ’ s name and address) on (date of notice). Please advise whether a fee petition has been filed. If you received a request for an extension of time instead, advise whether the ALJ granted an extension and, if so, until what date. If you do not confirm within 14 days that a fee petition or extension request was filed, we will release the past-due benefits to the claimant.”

b. Diary

Diary the action for 20 days. In the FO, follow the procedures in GN 03930.090B.3.d.

NOTE: When the procedure is to diary the case, the specific procedure for OCO is to prepare a PCACS diary related to the existing ACR and route the case to the DHF PAY.

c. Return to Holding File

In the PC, return the folder/ACR/paperless action to the holding file.

d. Act Based on Reply or Diary Expiration

Take one or more of the following actions when you receive the reply or when the diary matures.

•
If the HO reply shows that no fee petition or request for an extension of time was received from any representative(s), after verifying this is not a court remand case and that we are not awaiting a fee authorization(s) for any other eligible representative(s) who filed or may file a fee petition, the PC will refer the case to the BA/PETE for release of the past-due benefits withheld using MACADE (special entry EA). In the FO, refer the case to the CS for release of the past-due benefits by closing out the FEE PETITION issue on the Development Worksheet and removing the U TAC from the SSR.
•
If the HO reply shows that a fee petition was filed, diary for 45 days for receipt of the fee authorization. In the PC, return the folder/ACR/paperless action to the holding file. In the FO, follow the procedures in GN 03930.090B.3.d.
•
If you do not receive it within that time, follow GN 03930.090B.4.b.
•
If the HO reply shows that the representative requested and the ALJ granted an extension of time, diary for the time estimated for resolution (i.e., the additional time the ALJ granted the representative), plus 45 days for receipt of the fee authorization. In the PC, return the folder/ACR/paperless action to the holding file. In the FO, follow the procedures in GN 03930.090B.3.d.
•
If you do not receive it within that time, follow GN 03930.090B.4.b.
•
If the HO does not reply, contact the RO liaison listed on the OHO Fee Contacts list. If the RO does not respond in 14 days, send an e-mail to OCALJ, at ^OHO OCALJ Delayed Atty Fee Petitions, and request a status update. Note the issuance of the 20-day letter and no response from the HO or RO.
•
Following OCALJ’s confirmation of status, and after verifying that a court remand is not involved and that we are not awaiting a fee authorization(s) for any other eligible representative(s) who filed or may file a fee petition, take the appropriate action of either (1) referring the case to the BA/PETE in the PC or to the CS in the FO for release of the withheld past-due benefits or (2) setting a diary for an appropriate follow-up. Release Title II past-due benefits withheld using MACADE (special entry EA) and Title XVI by closing out the FEE PETITION issue on the Development Worksheet and removing the U TAC from the SSR.

C. Procedure - Case Decided by the Appeals Council

If the 60-day diary matures and the PC or FO has not received a fee authorization, take the following actions:

NOTE 1:

Each PC designates the employees/position (e.g., reconsideration reviewer) responsible for this task.

NOTE 2:

When the procedure is to diary the case, the specific procedure for OCO is to prepare a PCACS diary related to the existing ACR and route the case to the DHF PAY.

1. Obtain Query

Query Paperless, eView, and obtain an MBR query, SSID, or CPMS information to determine whether the AC has issued a decision and whether the representative or other authorized individual has filed a fee petition.

2. Contact the Office of Appellate Operations (OAO) for Status

a. Determine Representative’s Response

Contact the Attorney Fee Branch (AFB) in OAO to determine whether a fee petition, a statement of intent to petition, or a waiver was received.

•
Send an e-mail message to: ^DCARO OAO ATTY FEE BR
•
Provide your name, specific component location, and telephone number.

Also provide the name of the claimant, the Social Security Number (SSN) and claim number, the date of the award notice, the amount of past-due benefits withheld for possible direct payment, your return address, and your (paperless) fax number.

Follow-up if the AFB has not replied within 20 days.

b. Act Based on AFB’s Reply

Do one of the following, depending on the reply:

•
If the AFB received a fee petition, diary for 45 days for receipt of the fee authorization. In the PC, return the folder/ACR/paperless action to the holding file. In the FO, follow the procedures in GN 03930.090B.3.d.
•
If the AFB received a waiver, ask the AFB to upload a copy to eView or EP or, if there is no electronic folder, email a copy to you as an attachment. When you receive the copy, refer the case to a BA/BTE or CS for release of the past-due benefits.
•
If the AFB received a statement of intent to petition, diary for the time estimated for resolution. In the PC, return the folder/ACR/paperless action to the holding file. In the FO, follow the procedures in GN 03930.090B.3.d.

c. Follow-up if Authorization Not Received

If you have not received a fee authorization when the diary matures, send a follow-up e-mail message to: ^DCARO OAO ATTY FEE BR.

3. Ask the AFB to Send the 20-Day Notice

If the AFB did not receive a fee petition, take the following actions:

a.
Ask the AFB to send the representative, or one of the other proper filers listed in GN 03930.020A when the representative is deceased, the 20-day notice described in GN 03930.090A.3.
b.
Diary for 45 days. In the PC, return the folder/ACR/paperless action to the holding file. In the FO, follow the procedures in GN 03930.090B.3.d.
c.
E-mail the AFB at ^DCARO OAO ATTY FEE BR for status if, when the diary matures, you have not received a fee authorization or notice from the AFB to release the past-due benefits.

GN 03930.091 No Fee Petition or Fee Authorization Received by Processing Center or Field Office Before Diary Matures and We Are Withholding Past-Due Benefits – Court Case

A. Procedure – Court Case Diary Matures

If the 120-day diary matures, and the processing center (PC) or field office (FO) has not received the administrative fee authorization or a court fee award, take the following actions, as appropriate:

1.
Check the Payment History Update System (PHUS), Single Payment System (SPS) or Supplemental Security Record (SSR) to see if any payment has been made for administrative or court fees. On SPS, Payment Identification Codes (PIC) SA – SZ identify payments made to representatives or entities from Title II; direct fee payments paid from Title XVI past-due benefits do not have a PIC.
2.
Check the Legal Automated Workflow System (LAWS), Public Access to Court Electronic Records (PACER) or CourtLink to see whether a court fee has been approved or is pending. Staff can also check eView or e-mails to their designated mailbox for notifications of court fee authorizations from the Office of the General Counsel (OGC).

If you have access to CourtLink, log on at http://www.courtlink.com/
- •
  Enter a valid SSA-issued 7-character Lexis ID;
- •
  Enter 'courtlink1' in the 'Password' window;
- •
  If a first-time user, respond to set up "My CourtLink;" and
- •
  Proceed to Search from "My CourtLink."

3.
Technicians may also contact OGC to request the status of any court-authorized fee using the contact information in GN 03930.180.
4.
For court remand cases, check to see if there was a fee agreement and whether it was approved by the Administrative Law Judge (ALJ) or Administrative Appeals Judge. If the fee agreement was approved, check the conditions and determine if approval was the correct action. If the fee agreement was approved incorrectly, follow the procedures in GN 03940.025B.5
5.
Refer to GN 03930.091B if the representative, or other proper filer listed in GN 03930.020 when the representative is deceased, has not filed for an administrative fee.
6.
Refer to GN 03930.091C if the attorney has not filed for the court fee.

B. Procedure – Administrative Fee on Case Decided by the Court

On a case favorably decided by a Federal court, when we are continuing to withhold the claimant’s past-due benefits and no fee petition or fee waiver was received, request that the representative state whether they intend to seek any fee for administrative services.

NOTE:

A court remand to the Commissioner for “an award of benefits” or similar language (sometimes called a "true court case") is considered a favorable court decision for fee purposes. The treatment of a court order which remands the case for further administrative proceedings depends on the outcome of those administrative proceedings. The courts have interpreted section 206(b)(1) to include as a favorable court decision for fee purposes court remands which result in a favorable administrative decision. In such cases, after the favorable administrative decision on remand, the court may award a reasonable fee for the attorney’s services before the court in obtaining the remand, and we can pay the court-ordered fee from withheld past-due benefits. If the proceedings on remand do not result in a favorable decision, however, the court’s order remanding the case is not considered a favorable court decision for purposes of section 206(b) of the Act. See GN 03920.060 for additional information regarding attorneys' fees for court attorneys.

If the representative filed a fee agreement and the court issued the favorable decision (i.e., it is a true court case), refer to GN 03930.040G.1. for sample language.

If the representative did not file a fee agreement, refer to GN 03930.040G.3. for sample language.

C. Procedure – Court Fee

If the diary matures and the PC or FO has not received a court order awarding a fee, and it is not available through the procedures in GN 03930.091A, contact the attorney and ask if they have petitioned the court for a fee.

NOTE : When the procedure is to diary the case, the specific procedure for OCO is to prepare a PCACS diary related to the existing ACR and route the case to the DHF PAY.

1. Court Attorney Has Petitioned the Court

If the court attorney has petitioned the court, do one of the following:

a.
If the court attorney petitioned the court recently, diary the case for 120 days. In the PC, send the folder/ACR/paperless action to the holding file. In the FO, the claims specialist (CS) takes these actions to diary the case and document the request process:
- •
  Change the follow-up date for the FEE PETITION issue on the Modernized Development Worksheet (MDW) each time a contact is made; and
- •
  Set up a Report of Contact (ROC) and record and explain each follow-up action taken to get the authorized fee amount.
b.
If the court attorney petitioned the court more than 90 days earlier and they have no reason to expect a fee authorization soon:
- •
  Diary for 30 days;
- •
  Prepare a ROC documenting the conversation; and
- •
  In the PC, send the folder/ACR/paperless action to the holding file. In the FO, the CS takes these actions to diary the case and document the request process:
  
  –
  Change the follow-up date for the FEE PETITION issue on the MDW each time a contact is made; and
  
  –
  Set up a ROC and record and explain each follow-up action taken to get the authorized fee amount.

2. Court Attorney Has Not Petitioned the Court

If the court attorney has not petitioned the court and additional delay seems probable:

•
Prepare a ROC documenting the conversation;
•
Send a status letter, using the sample language below, to the court attorney;
•
Diary for 120 days; and
•
In the PC, send the folder/ACR/paperless action to the holding file. In the FO, the CS takes these actions to diary the case and document the request process:
- –
  Change the follow-up date for the FEE PETITION issue on the MDW each time a contact is made; and
- –
  Set up a ROC and record and explain each follow-up action taken to get the authorized fee amount.

a. Sample 1 (Modify as Necessary to Fit the Case Situation):

This refers to [claimant's name]’s claim for disability insurance benefits. We are withholding $[past-due benefit (PDB) amount withheld], which represents 25 percent of the past-due benefits for [claimant's name] and their family, in anticipation of direct payment of an authorized attorney’s fee. We are writing to determine whether you have petitioned the U.S. District Court for the [District court region, if applicable (e.g., Southern, Eastern, Central, etc.)] District of [State where the court is located], and/or the Social Security Administration (SSA) for a fee.

Please write to: [PC or FO contact information] to let us know whether you have petitioned or will petition for a fee.

If the court has authorized you to receive a fee in this case, please send us a copy of that authorization. If you do not intend to petition for a fee, you must submit a written, dated, and signed statement expressly waiving a fee before we can release the withheld benefits to the claimant.

NOTE: If the court attorney does not respond before the diary matures and there is no indication on CourtLink, or through the other processes in GN 03930.091A, that the attorney has requested a court fee, send a 20-day close out letter, using the following Sample 2 language for guidance. Diary for 30 days.

b. Sample 2 – Close Out Letter

We have withheld $[PDB amount withheld], which represents 25 percent of the past-due benefits payable to [claimant's name], as required by sections 206(a) and (b) and/or 1631(d) of the Social Security Act. We have withheld this amount since [date]. We previously notified you that you must submit a request for a fee for services before the court to the United States District Court for the [District court region, if applicable (e.g., Southern, Eastern, Central, etc.)] District of [State where the court is located]. [Additionally, you must submit any petition for a fee for services before the Administration to the Attorney Fee Branch in the Office of Appellate Operations.]

We do not wish to delay the release of funds withheld from the claimant’s past-due benefits.

Any fee(s) you may wish to charge hereafter for your services before the court on this claim will still be subject to the approval of the court. Failure to comply with this requirement could result in a violation of section 206 and/or 1631of the Act (42 U.S.C. 406 and 1383). Collection of any such approved fee shall be a matter between you and your client.

If you want to request a fee for services before the court, please file your request for a court fee with the U.S. District Court.

If you want to request a separate administrative fee for any services you provided before us, send the fee petition to:

Social Security Administration

Office of Appellate Operations

Attn: Attorney Fee Branch

6401 Security Blvd

Baltimore, MD 21235-6401

If you are waiving direct payment of any fee authorized by the court [and/or SSA], or you are waiving your fee entirely, please forward us a statement to that effect, signed and dated by you. Send the statement to:

Social Security Administration

[PC or FO address]______________

The fax number is [FO or PC fax number]. Please fax any statements or questions about this notice to us at that number.

We are sending a copy of this letter to your client.

NOTE: If the court attorney does not submit a petition for the court fee within 30 days, check all sources to ensure that there has been no fee activity. If there has been none, release the withheld benefits to the claimant(s). If a court later orders direct payment of the fee, see GN 03920.055.

If the attorney has petitioned the court, refer to GN 03930.091C.1.

If the attorney indicates that they will waive the fee, refer to GN 03930.091C.3.

3. Attorney Will Waive Court Fee

If the attorney indicates they will not be seeking a fee for the services they provided before the court, or will not be seeking direct payment of any fee authorized by the court:

•
obtain a signed and dated waiver (see GN 03920.020B);
•
forward a copy to OGC (using the contact information in GN 03930.180);
•
in Title II and concurrent Title II and XVI claims,
- –
  if all administrative fees have been paid or waived, instruct the BA/PETE to release to the claimant and any auxiliary beneficiaries the withheld past-due benefits using MACADE (special entry EA); and
- –
  provide the BA/PETE with notice language, including a statement that our release of the withheld benefits does not relieve the attorney of the obligation to petition the court if they later decide to charge a fee. In concurrent claims, fax the waiver to the FO after taking the actions to release the Title II withheld past-due benefits.

•
in Title XVI claims, release to the claimant and the spouse (if any), the withheld past-due benefits by closing out the FEE PETITION issue and removing the U TAC from the SSR.

GN 03930.095 Preliminary Actions on Receiving the Petition for a Fee for Services at Initial or Reconsideration Level

A. Introduction

The fee reviewer in the processing center (PC) receives the representative's petition for a fee for services below the hearing level. The reviewer may receive it with the claim file (see GN 03930.025) or may have the information required to process the request available electronically, either through eView, the Electronic Non-Medical (ENM) application, or the Paperless Front-End application.

NOTE 1: Paperless documents may be viewed in Evidence Portal (EP).

NOTE 2: A representative may waive their right to charge and a collect a fee from a claimant, but still collect from a third party (see GN 03920.020H). In these situations, we must still authorize the representative's fee petition following the instructions in GN 03930.100, GN 03930.105, and GN 03930.110.

B. Procedure

If you received the claim(s) file with the petition, the claim(s) file is electronic, or you do not need the paper claim(s) file, go to GN 03930.095B.2.

1. Request the Claim(s) File

If you did not receive the claim(s) file with the petition and need it to process the petition, request the file and ascertain when you may expect it. If the delay is significant:

•
send a letter to the fee petition submitter explaining the status (see GN 03930.095B.6.); and
•
diary the case for the estimated time for 30 days following GN 03930.095B.7.

If the field office (FO) is working on the case, retain the original fee petition; send a copy of the petition and a copy of Form SSA-5015-U2 (Diary and Listing Slip) to the FO to include in the file.

2. Screen the Petition and the Information Pertinent to the Petition

Screen the petition and the claim(s) file.

a.
Confirm that the claimant's current or former representative filed the petition, rather than another party. As described in GN 03930.020A, if a representative dies before filing the fee petition, one of the other individuals listed in that subsection may file the fee petition on behalf of the deceased representative.
b.
Review the petition for omissions. Ask the filer to provide omitted information (see GN 03930.095B.5.) within 15 days of the date of your request. Explain that if we do not receive it, we may process the petition based on the information supplied.
c.
Proceed with the evaluation unless GN 03930.095B.3., GN 03930.095B.4., or GN 03930.095B.5. applies.

3. Fee Petition Filed Prematurely

When information in the petition or the claim(s) file indicates that services are continuing, ask the representative whether their services have ended.

a. Representative Not Providing Services

If the representative is not providing services for which they plan to charge and collect a fee, prepare a Report of Contact (ROC) for the file and proceed with the evaluation unless GN 03930.095B.4. or GN 03930.095B.5. applies.

b. Representative Providing Services

If the representative is still providing services for which they plan to charge and collect a fee, take the action below. Use the model letter in GN 03905.075B.1. as a guide.

•
Prepare a letter to the representative explaining that we are returning the fee request because their services have not ended; that the representative may file a new request after services are completed using the enclosed Form SSA-1560 (Petition For Authorization To Charge And Collect A Fee For Services Before The Social Security Administration); and that 20 CFR 404.1725(a) and 20 CFR 416.1525(a) explain when and how to request a fee for Social Security and Supplemental Security Income cases, respectively.
•
Enclose both the prematurely filed fee petition and a blank SSA-1560.
•
Send the letter to the representative and a copy to the claimant.

4. Claimant Not Provided a Copy of Petition

a. Presumption That Claimant Received a Copy of Fee Petition

The regulations at 20 CFR 404.1725 and 20 CFR 416.1525 mandate that the fee petition must include a statement certifying that a copy of the petition and the attachments were furnished to the person for whom the services were performed (see GN 03930.020D.3.).

Therefore, presume that the representative or other proper filer (see GN 03930.020A) provided the claimant with a copy of the fee petition unless evidence indicates they did not.

b. Claimant Not Provided With a Copy of Fee Petition

If you believe the claimant was not provided with a copy of the fee petition, take the actions shown. Use the model letter in GN 03905.075 as a guide.

•
Prepare a letter to the claimant explaining that we have enclosed a copy of their representative's fee request; that the claimant should let us know within 20 days if they disagree with the fee requested or any information shown; and that we will not consider the request further until the claimant has had this opportunity to comment.
•
Enclose a copy of the fee petition and any attachments, and a self-addressed envelope.
•
Send the letter to the claimant and a copy to the representative or other proper filer.
•
Diary the case as shown in GN 03930.095B.7. for 30 days, to allow mailing time.

5. Development Necessary

Initiate any necessary development through direct contact. If direct contact fails, decide whether to develop through the FO or to evaluate the petition based on the information supplied. Diary the case, if necessary, as shown in GN 03930.095B.7.

EXAMPLES:

•
An attorney files a fee petition requesting a fee for legal services in settling an estate, prosecuting an action in State court, and representing the claimant before us. You ask the attorney to clarify what amount they are requesting for services provided in connection with the proceedings before us.
•
The FO is developing the case for capability. You set the fee after the capability determination to protect the claimant’s right to request administrative review of the fee.

6. Provide Notice of Expected Delay

If you do not expect to respond within 60 days of receipt, advise the person who filed the fee petition. When appropriate, combine this status letter with a request for additional information.

EXAMPLE: The claimant's legal guardian files the fee petition requesting we authorize a fee for representation. You plan to defer evaluating the petition until the guardian submits a copy of the State court's action (see GN 03920.010E).

NOTE: A legal guardian is not the claimant's representative, unless the claimant has properly appointed them (see the Note in GN 03910.020D).

7. Setting the Diary

If you must diary the case, show the TOEL code of ATFEE PETPAY and reason for the diary as “Fee Petition.”

GN 03930.110 Providing Notice of the Fee Authorized Under the Fee Petition Process for Services at Initial or Reconsideration Level

A. Introduction

The fee reviewer generally notifies the representative or other proper filer (see GN 03920.020A) and the claimant of the fee amount and how we arrived at the decision. If GN 03930.105D.2. applies (i.e., the recommended fee amount(s) exceeds $15,000), the Attorney Fee Branch (AFB) in the Office of Appellate Operations (OAO) will notify the representative or other proper filer and the claimant by preparing and releasing the fee authorization document (see GN 03930.001C.5.).

B. Procedure - Preparing the Fee Authorization

Use the Form SSA-1560 (Authorization to Charge and Collect a Fee) or electronic version of the form to notify the representative and the claimant of the fee we authorized. Attach to the SSA-1560 or include in the electronic version a brief, but complete explanation tailored to the circumstances.

NOTE: If the POC or other individual listed in GN 03930.020A filed the fee petition because the representative is deceased, also notify that individual of the fee we authorized.

1. Completing the Form SSA-1560

Prepare, or instruct staff to prepare, the form as follows:

a.
Enter the identifying information, including the sender. If one or more auxiliary beneficiaries are involved, add “and Family” after the claimant's name. If the Title XVI spouse is involved, add “and Spouse.”
b.
Enter the representative's name and address. If the representative is an attorney, use one of the following with the address:
- •
  ( Name )
  
  Attorney at Law
  
  ( Address )
- •
  ( Name ), Esq.
  
  ( Address )
c.
Enter the fee amount. Make sure it agrees with the amount finally authorized, as shown on the SSA-1178.
d.
Enter the address to which a party must send any request for administrative review.
e.
Designate the appropriate paragraph about the means of fee payment, as well as the reference to the attached notice.
f.
Enter the name and address of the claimant or any auxiliary beneficiaries.

EXCEPTION: Do not complete Form SSA-1560 or the electronic version of the form if GN 03930.105D.2. applies (i.e., you are recommending a fee greater than $15,000).

2. Formatting the Explanation Attached

Follow the sequence below when explaining your conclusions and the weight or significance you attached to the various factors.

a. Opening Statement

State the amount of the fee.

b. Factors That Support the Request

Summarize those services which advanced the development of the claim, required significant time and/or skill, or contributed significantly to a favorable determination. If the fee you are authorizing is greater than that requested, explain here why it is reasonable.

c. Factors That Do Not Support the Request

Summarize those services:

•
which were not provided in proceedings before us;
•
which negatively affected the development of the claim;
•
the value of which is compromised because the time spent is unreasonable; or
•
which, although neutral, do not justify a fee in the amount requested.

d. Additional Explanation

Address any additional considerations.

EXAMPLES:

•
The means of fee payment if the representative has funds held in a trust or escrow account.
•
The authorized fee is for all services provided to the claimant and the claimant's family before us.
•
The authorized fee is for all services provided in connection with both claims (e.g., Titles II and XVI cases involving a common substantive issue).
•
A portion of the authorized fee is for services in connection with a specific claim when there was more than one claim decided.

3. Reference

See GN 03905.085 for the fee authorization notice (SSA-1560).

C. Procedure - Subsequent Actions

1. Release of the Notices

a.
Ensure that a copy of the explanation is attached to the SSA-1560.
b.
Send a copy of the SSA-1560 and explanation to the representative or other proper filer, the claimant, and any auxiliary or spouse not in the same household as the claimant. When sending a copy to the auxiliary or spouse, ensure that any personally identifiable information about the claimant and any other protected information is redacted as necessary. See GN 03316.110, for additional information about what information we cannot disclose to auxiliaries and spouses.
c.
Upload a copy to the claim(s) file and Evidence Portal. For paper cases, upload to EP only and place a copy in the claim(s) file with the SSA-1178.
d.
In concurrent claims situations, as GN 03930.080 defines them, when we are not withholding Title XVI past-due benefits, send a copy to the field office (FO). See GN 03930.110C.4. if it is a concurrent claim and we are withholding Title XVI past-due benefits, or it is a Title XVI only claim. (The FO must receive the SSA-1560 in all title XVI cases.)

2. Update the MBR

For Title II cases, update the MBR ARA/ARB data per SM 00844.030 and SM 008412.013 and add a special message with the authorized fee amount and date authorized.

3. PC Action When We Are Withholding

Prepare or designate the required notices and provide the benefit authorizer (BA) with instructions about releasing the withheld Title II past-due benefits if there are no other representatives on the claim and no court involvement.

4. Title XVI Cases

a. No Title XVI Withholding for Direct Fee Payment

•
Upload a copy to the claim(s) file and EP. For paper cases, upload to EP only and send a copy of the SSA-1560 to the FO.
•
Diary the Title XVI case for 45 days.
•
When the diary matures:
- –
  If there is a paper folder and no party requested administrative review, remove the SSA-1128 and return the file to the servicing FO. No additional action is needed for electronic cases when no party requests administrative review.
- –
  If a party requested administrative review, refer to GN 03950.005 for jurisdiction and necessary action.

b. Title XVI Withholding for Direct Fee Payment

•
Upload a copy to the claim(s) file and EP. For paper cases, upload to EP only and send the SSA-1560 to the servicing FO as an assistance request (AR). (The CTE will instruct the BTE to fax the fee authorization to the FO.)
•
Annotate AR with “Authorized Fee – SSI Past-due Benefits Withheld for Direct Fee Payment. For your necessary action.” In concurrent claims, also include the following: "$(Amount paid to representative from Title II past-due benefits before assessment deduction) of the authorized fee ($amount of authorized fee) paid from Title II past-due benefits.”

5. Administrative Review Requested

a. We Are Withholding

If you receive a request for administrative review and we have not certified direct payment of the fee, advise the BA to defer releasing past-due withheld Title II benefits. In Title XVI claims, the CS will defer releasing past-due withheld Title XVI benefits. Then, refer to GN 03950.005 for jurisdiction and necessary action.

b. We Are Not Withholding

Refer to GN 03950.005 for jurisdiction and necessary action.

GN 03930 TN 33 - Fee Authorization Under the Fee Petition Process - 12/09/2024