Unless informed otherwise, we consider a primary claimant’s appointed representative
to also represent the primary claimant’s affected auxiliary beneficiary or eligible
spouse (see Social Security Ruling (SSR) 68-61c). This ruling reflects the Supreme Court’s ruling in Hopkins v. Cohen, 390 U.S. 530 (1968), which established that the representative of a primary claimant
is deemed to be acting on behalf of all other claimants in the case, and accordingly
has a right to charge and collect fees for services from the affected auxiliary beneficiary's
or eligible spouse's past-due benefits.
Consistent with SSR 68-61c, we will release to a primary claimant's appointed representative
copies of any notices sent to the affected auxiliary beneficiary (including notices
sent to the affected auxiliary beneficiary not living in the primary claimant's household)
or eligible spouse unless the affected auxiliary beneficiary or eligible spouse:
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appoints his or her own representative. See GN 03920.035B for information on withholding from an affected auxiliary beneficiary who is independently
represented and GN 03920.036B for information on withholding from an eligible spouse who is independently represented;
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•
tells us in writing that he or she does not want to be represented by the primary
claimant's representative and does not appoint his or her own representative; or
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•
tells us that the primary claimant's appointed representative should not receive copies
of the notices and does not appoint his or her own representative.
NOTE 1: In the second and third exceptions described above, we will explain to the affected
auxiliary beneficiary or eligible spouse about the withholding of his or her past-due
benefits amount for payment of the primary claimant's appointed representative's authorized
fee consistent with GN 03920.035D or GN 03920.036C.
NOTE 2: If the affected auxiliary beneficiary or eligible spouse does not appoint his or
her own representative, we will create an appointment for each affected auxiliary
beneficiary or eligible spouse in RASR for a single purpose: payment of the primary
claimant's representative authorized fee. RASR will not release to the primary claimant's
appointed representative any appointment-related notices about the affected auxiliary
beneficiary or eligible spouse.
See GN 03316.105 for information on disclosure without consent to primary claimant about the auxiliary
beneficiary and GN 03316.110 for information on disclosure without consent to auxiliary claimant/beneficiaries
about the primary claimant/beneficiary or number holder.