GN 03930.034 Title XVI Only – Fee Petitions - Notifying the Representative, the Claimant, and the Spouse

A. Introduction

The claims specialist (CS) uses a Document Processing System (DPS) notice when paying representative fees authorized based on a fee petition. Fee notices are in the “General” notices section of DPS, under “Fee Petitions.”

B. Process - Petition Before Award

The CS designates appropriate paragraphs in the fee notice. Fee notices are in the "General" notices section of DPS, under "Fee Petitions."

C. Process - Fee Authorized After Award

The responsibility for notifying the claimant and the representative, or other individual listed in GN 03930.020A when the representative is deceased, of the amount of the fee we authorize depends on who authorizes the fee. The field office is responsible for paying the fee and for notifying the relevant individuals about the direct payment.

1. Services at Initial or Reconsideration Level

The PC authorizes fees based on fee petitions for cases decided at the initial and reconsideration levels. When the PC authorizes the fee or proposes (consistent with GN 03920.015B.) to authorize a fee of more than $15,000:

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The Claims Technical Expert (CTE) in the program service centers, the Disability Specialist in the Office of Disability Operations, and the fee reviewer in the Office of International Operations explain in the notice the right to request administrative review and how the representative should collect the fee or fee increase.
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When we make direct payment to the representative or to the entity, if there is a valid assignment (see GN 03920.021), the CS notifies the claimant and the representative of the amount paid to the representative from past-due benefits and about the assessment made for direct payment. Use AURORA to notify the claimant and the representative when we make direct payment.

2. Services at Hearing or Appeals Council Level

The Office of Hearings Operations (OHO) or the Office of Appellate Operations (OAO) authorizes the fee for cases decided at the hearing or Appeals Council levels. If a case is appealed to Federal court, the court authorizes the fee for services the claimant’s attorney provided before the court (see GN 03920.060).

a. Notice to Representative and Entity

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The fee decision maker notifies the representative of the authorized fee and the method of payment using Form SSA-1560 or another fee authorization document as described in GN 03930.001C.5.
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For fees for services provided before a court, the court order provides the representative with the necessary notice.

b. Notice to Claimant and Eligible Spouse

We notify the claimant, the claimant’s eligible spouse if we use the spouse's past-due benefits to pay the representative, and the representative when releasing the claimant’s withheld Title XVI past-due benefits. The CS prepares the notice(s) when we make direct fee payment. Use DPS to notify the claimant and the representative when we make direct payment.

After we make direct fee payment, notification to the claimant and representative about the disposition of any additional withheld past-due benefits (e.g., we release the balance of withheld past-due benefits to claimant) is generally done by an automated notice. Do not send a copy of this notice to an entity's POC without the claimant's written consent.

3. We Failed to Withhold Benefits

Additional notice language is required if we failed to withhold, or prematurely released, past-due benefits.

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Refer to the instructions in GN 03920.055.
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In court cases, the CS contacts the Office of the General Counsel (OGC) to resolve the situation (see GN 03930.180 for the OGC contact list).

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203930034

GN 03930.034 - Title XVI Only – Fee Petitions - Notifying the Representative, the Claimant, and the Spouse - 12/18/2024
Batch run: 12/18/2024
Rev:12/18/2024

Social Security

Program Operations Manual System (POMS)