When a representative properly and timely assigns direct payment of fees to an affiliated
entity prior to their death, we pay any fees we authorize to the entity, unless the
entity is no longer eligible to receive direct payment of assigned fees, or the representative
became ineligible for direct payment after making the assignment but before death.
If a representative who was eligible for direct payment dies without having assigned
the right to direct payment of an authorized fee to an entity, or if the representative
made an assignment that later became invalid, we may directly pay the representative’s
estate any fee we authorize for the services that the representative has provided.
In order to authorize and directly pay a fee to a representative’s estate, the executor
or legal representative of the estate must complete and submit a Form SSA-1699 on
behalf of the deceased representative, updating the representative’s registration
information to include the executor’s information.
NOTE: When an executor or legal representative of the estate submits a Form SSA-1699 on
behalf of a deceased representative, we update the deceased representative’s information
in RASR. We will not establish a new appointment using the executor or legal representative’s
information. This process does not register the executor or legal representative as
a representative. When the executor or legal representative is already registered
as a representative, this process does not impact their own registration information.
For more information on authorizing fees when a representative dies, see GN 03940.003 (fee agreements) and GN 03930.020 (fee petitions).
For more information on direct payment of authorized fees when a representative has
died, see GN 03920.016E.
1. Identifying the executor or legal representative of a deceased representative's estate
Before we issue payment to the estate of a deceased representative, we must first
develop for the identity and address of the executor (or other individual recognized
by the State as the representative of the estate).
NOTE: We do not initiate development until 60 days after the representative's death.
If technicians learn of a representative's death after we have already authorized
a fee and 60 days have not yet elapsed, technicians must set a diary for the 61st
day following the date of death and develop upon maturity.
For instructions on identifying the executor or legal representative of a deceased
representative’s estate, technicians should see related instructions for this section.
After identifying the executor or legal representative, the technician contacts them
with instructions to complete and fax a Form SSA-1699 on behalf of the deceased representative
to DEBS at 1-877-268-3827. The technician then sets a 15-day diary to check whether
DEBS processed the registration in the RASR application and sets 5-day follow-up diaries
as needed.
Once the deceased representative’s information is updated, proceed to GN 03913.010F.2.
2. Releasing fees to a representative's estate
After DEBS updates a deceased representative's information in RASR, technicians will
certify direct payment of the fee following existing procedures.
See GN 03940.009B for information on how we process authorized fees in cases with a valid fee agreement
after a representative dies, and GN 03930.020C.6. for cases where a representative dies before filing a fee petition.
3. Attempts to develop for an estate are unsuccessful
We may release to the claimant all benefits withheld to pay the deceased representative,
if:
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•
All development attempts are unsuccessful, or
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•
Both the information on Form SSA-1699 does not match the court’s records, and
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•
There are no other appointed representatives with pending fee authorizations and no
court involvement.
Update the representative’s appointment information in RASR with a report of contact
noting that all development efforts were exhausted.
Prepare a notice to inform the claimant that we released all withheld benefits to
the claimant because we were unable to verify the estate of the deceased representative.
Inform the claimant that the payment of the fee is now a matter between them and the
estate of the deceased representative.
The following is suggested notice language to add to the beneficiary notice:
We made several attempts to identify the executor of the estate for your deceased
representative. We were unable to identify the executor of the estate. Due to this,
we are releasing the benefits previously withheld to pay the representative directly
to you. Since we are unable to verify the executor information for the estate, payment
of any authorized fee is a matter between you and the estate of the deceased representative.
NOTE: Never send a copy of an award notice or any other beneficiary letters to a deceased
representative’s estate.
4. Unverified estate information in RASR
When a technician determines that RASR contains information for a deceased representative’s
estate, but there is no evidence or documentation in other systems indicating that
we developed for this information, technicians must follow the instructions in GN 03913.010E.1. above to confirm the information, and document all contact attempts.