On receipt of a fee agreement, document the date of receipt (date stamp, etc.), if it is not already stamped or otherwise date-documented, and determine whether you have jurisdiction over the claim or post entitlement (PE) action. If you do not have jurisdiction, forward the fee agreement to the proper component.

When the field office (FO) receives a fee agreement and has jurisdiction over the claim or PE action, the claims representative (CR) must:

1. 1. 

   Ensure the agreement is date-stamped, or otherwise date-documented.

2. 2. 

   Determine whether the file contains a Form SSA-1696-U4 (Appointment of Representative) or other written statement appointing the representative (see GN 03910.040). If SSA has not acknowledged the appointment, refer to GN 03910.040H.5.

3. 3. 

   Determine if the representative is eligible to receive direct payment of the fee (see GN 03920.017). Record the information on the applicable Development Worksheet screen as appropriate. For non-attorney representatives, record the following based on the type of case being processed on the applicable Development Worksheet:

   ISSUE - EDPNA (stands for "eligible direct payment non-attorney)
   
   REC - Input date of verification
   
   REMARKS - Based on information on the list, type "Elgble for Direct Pymnt" (or "EDP"), "Not elgble for direct pymnt" (or "NEDP"), or "Not on list."

   In a Title II claim, code the NOT2 screen in accordance with MS 03509.009, Check/Notice 2 (NOT2). In a Title XVI claim, code the UATH screen in accordance with MS 00302.013, Authorized Representative (UATH).

4. 4. 

   Non-attorney representatives whom SSA determines are eligible for direct payment may receive direct payment in a case only if the representative has, on or after February 28, 2005, entered into an agreement with the claimant for representation. If a non-attorney representative is on the Intranet website list described in GN 03920.018E. and has not waived direct payment, verify that the claimant and the representative signed the appointment of representative or that a signed supplemental statement is in file on or after February 28, 2005. If not, request the representative to submit a supplemental appointment document.

5. 5. 

   If the non-attorney states the non-attorney is eligible to receive direct payment, but SSA's records establish that the non-attorney is not eligible, advise the representative that the representative is not eligible for direct payment. Model language to use in these situations follows:

   You advised your client, (Beneficiary's name), and indicated on the appointment of representative that you are eligible for direct payment. Under titles II and XVI of the Social Security Act, certain non-attorney representatives have the option to have an approved representative's fee withheld and paid directly from a claimant's past-due benefits. However, [select the correct conclusion]

   • –

     you have not been found eligible to receive direct payment or

   • –

     you failed to maintain your eligibility for direct payment.

   Therefore, if at a later date, we approve the fee agreement between you and your client and authorize a fee, the law will not permit us to pay the fee to you unless SSA makes a timely determination that you are eligible for direct payment. You will have to look to your client for payment of any fee authorized in this case.

   Refer to GN 03920.018E.2. for possible referral to the Office of the General Counsel.

6. 6. 

   Complete Form SSA-1128 (Representative Involved) as appropriate and staple it to the outside lower right of a paper claim(s) file(s). (See GN 03910.040H.7.) For an Electronic Disability Collect Systems (EDCS) case, select the "Representative Involved" flag.

7. 7. 

   Document the representative's name and address in the system as required in GN 03910.040H.8. Enter the representative's information on any auxiliary claims and/or the eligible spouse's claim also if the auxiliary(ies) or spouse are not independently represented.

8. 8. 

   In concurrent titles II and XVI claims, photocopy the fee agreement. File the original in the title II claim(s) file and a photocopy in the title XVI claim(s) file. If the CR is processing a favorable decision on a concurrent claim, follow GN 03940.050 and MS 00302.014.

9. 9. 

   If the CR is processing a favorable decision on a title II claim, follow GN 03940.015, MS 03508.004 and MS 03509.009, to process the fee agreement. If the CR is processing a favorable decision on a title II PE action, follow GN 03940.015G.

10. 10. 

    If the CR is processing a favorable decision or PE action on a title XVI claim, follow GN 03940.046, SM 01901.950, MS 00302.012, MS 00302.013, and MS 00302.014 to process the fee agreement.

    NOTE: If the FO receives new information about a non-attorney's eligibility for or waiver of direct payment after initially completing the representative fields on the UATH and UFEE screens, follow the procedures in GN 03940.010B.3. to determine if the information warrants a change in the representative's direct payment status and to make the necessary changes.

When the PC receives a fee agreement and has jurisdiction over the claim, process the fee agreement as described in GN 03940.020 or GN 03940.025.

When SSA, through the FO or PC, receives a fee agreement after SSA has made a favorable decision (GN 03940.001B. discusses “date SSA makes a favorable decision”):

• •

  determine who made the decision on the claim; and

• •

  refer the fee agreement to the decision maker for a determination disapproving the fee agreement.

EXCEPTION: If the PC receives the fee agreement on concurrent titles II and XVI claims or a title II only District Office Final Authorization (DOFA) claim, the PC technician will disapprove the fee agreement.

When the FO or PC receives an appointment of representative and a fee agreement after SSA has made an unfavorable decision:

• •

  determine the location of the claim(s) file;

• •

  file the fee agreement in the claim(s) file;

• •

  annotate the SSA-1128 if there is a paper file (see GN 03910.040H.7. for instructions regarding the SSA-1128.) or select the “Representative Involved” flag for an EDCS case;

• •

  ensure that the representative's name and address are documented in the system as described in GN 03910.040H.8. (e.g., the Authorized Representative Data Base, or Master Beneficiary Record (MBR) Special Message Field);

• •

  if handled in the PC, send a copy of the fee agreement to the FO so that the title XVI CR can document the Supplemental Security Record (SSR) regarding the representation in case the denial is reversed on appeal; and

• •

  take no further action on the fee agreement.

Do not return the fee agreement to the claimant or the representative. The claimant may file an appeal, at which time the fee agreement will be material.

NOTE: If the system reflects the representative's appointment prior to receiving the fee agreement, no further systems input is required relative to the fee agreement until the claimant appeals the unfavorable decision.