If you have resolved the issue of mental capability and representative payee selection,
if appropriate, by the time you effectuate the favorable decision, follow the general
case processing instructions in MSOM MCS 009.009 , Check/Notice (NOT2); MSOM MCS 008.004 , Development Worksheet (DW01), and MSOM MCS 014.006 , BCF/Remarks/Notice (BCRN). Ensure that you take the following actions:
approve the fee agreement, if it meets the statutory requirements of the Act and is
not otherwise excepted;
EXCEPTION: For claims decided at the hearing or Appeals Council review level, code the decision
on the fee agreement made by the ALJ or AAJ. You are not the decision maker at these
document your determination on a Form SSA-553 or other prescribed form; and
withhold up to 25 percent of past-due benefits when the representative is eligible
for direct payment.
If you resolve the issue of mental capability and, if appropriate, select a representative
payee for the claimant after effectuating the favorable decision (see GN 03940.037B.1.a.), when forwarding the completed development to the PC, annotate the route slip re-alerting
the PC that they must authorize a fee and advise the parties (i.e., the claimant if
capable or, if incapable, his/her representative payee) and the representative.