TN 61 (12-24)

GN 03920.021 Assignment of Direct Payment of Authorized Fees to an Entity

A. Background

Effective December 9, 2024, we will permit representatives who are eligible for direct payment to assign direct payment of the fees we authorize for representational services performed before us to an eligible affiliated entity.

B. Assignment of direct payment

1. Requirements for a representative to assign direct payment of fees to an entity

To assign direct payment of an authorized fee to an entity, a representative must:

  • Affiliate with the entity through the registration process using Form SSA-1699 “Representative Registration” (formerly Registration for Appointed Services and Direct Payment), see GN 03913.001;

  • Be eligible for direct payment (e.g., an attorney or Eligible for Direct Payment Non-Attorney representative (EDPNA) in good standing), see GN 03920.016B.1.b.;

  • Not have waived their right to charge a fee or to receive direct payment of that fee, see GN 03920.020;

  • Notify us that they wish to assign direct payment of their authorized fee to the affiliated entity by including the entity’s information in Section 5 of the Form SSA-1696 “Claimant’s Appointment of Representative” and checking the appropriate box in Part C; and

  • Submit the assignment request before the date we notify the claimant of the first favorable determination or decision.

For information on representative registration and affiliation, see GN 03913.005.

NOTE 1: For purposes of this section, a favorable determination or decision means a fully or partially favorable determination issued at the initial or reconsideration levels of review, or a decision issued at the hearing or Appeals Council levels of review.

NOTE 2: A representative may only assign direct payment of their authorized fees to a single entity per case.

2. Requirements for an entity to be eligible to receive direct payment by assignment

To receive direct payment through an assignment, an entity must:

  • Have an Employer Identification Number (EIN);

  • Register with us by submitting a Form SSA-1694 "Entity Registration and Taxpayer Information" (formerly Request for Entity Taxpayer Information);

  • Include in their registration a designated Point of Contact (POC) whose information must be kept current;

  • Accept payment by Electronic Funds Transfer (EFT);

  • Not be ineligible for direct payment at the time we process the assignment or certify the direct payment; and

  • Conform to our rules.

For more information on each of these requirements, see GN 03920.021B.2.a. through B.2.e. below.

a. Entity must have an EIN

The entity must have an EIN so that we can report the income to the Internal Revenue Service as required by law. The EIN also allows our technicians to verify entity-related information using the Registration, Appointment, and Services for Representatives (RASR) application.

b. Entity must be registered

The entity must register by completing and submitting a Form SSA-1694 before we can process a representative’s request to assign direct payment of their fee to that entity. If a representative submits a Form SSA-1696 with a request to assign direct payment of their fee to an entity, and the entity has not registered with us, we will continue to process the notice of appointment, but we will not process the assignment request. In this situation, we will notify the representative that we cannot process the assignment request, and that unless the representative submits an updated Form SSA-1696 with a valid assignment, we will directly pay any fee we authorize to the representative from available past-due benefits. For more information on the Notice of Failed Assignment, see GN 03905.036.

For more information on entity registration, see GN 03913.050.

c. Entity must designate and maintain a POC

In order for us to effectively communicate with an entity and resolve matters related to the direct payment of representative fees to that entity, we require each entity to designate one individual to serve as their POC. The POC must be registered with us as a representative prior to being designated by the entity, and the entity must keep the POC’s information current and promptly notify us of any changes. To ensure that the POC’s information is accurately reflected in our systems, we require entities to use the Form SSA-1694 when designating or updating information related to their POC.

NOTE: The only information we may disclose to a POC is the minimum amount of information necessary to resolve the entity’s fee-related issues. Unless the POC has also been appointed to represent the claimant, we cannot disclose any other information in a claimant’s file absent the claimant’s valid written consent. A POC's role does not extend to any claim related information outside of fee matters (e.g., month of entitlement, onset date, and auxiliary benefits). Absent the claimant’s valid written consent, we will only disclose such information to the POC when it is necessary to resolve a fee-related matter (e.g., the POC is petitioning for a fee or requesting administrative review on behalf of a deceased representative).

For additional information on the role and responsibilities of POC's, see GN 03920.021C, below.

For more information on processing the Form SSA-1694, see GN 03913.050.

d. Entity must accept Electronic Funds Transfer (EFT)

To receive direct payment of an authorized fee, an entity must have a bank account that accepts EFTs and must provide that account information when registering with us using Form SSA-1694. We will not directly pay an entity by check, cash, or any method other than by EFT.

e. Entity cannot be listed on the ineligible for direct payment Entity (IDPE) list

To receive direct payment of an authorized fee, an entity must not be deemed ineligible for direct payment due to violating our rules. We maintain an Ineligible for Direct Payment Entity (IDPE) list of entities who are not eligible for direct payment because they have not timely resolved a fee matter or other issue restricting their eligibility for direct payment. For example, if an entity receives excess fees and, regardless of fault, does not remit the excess after we have notified them of the issues, the entity may be placed on the IDPE list. The IDPE list contains information on registered entities that are not currently eligible for direct payment. When an entity is on the IDPE list at the time we process a representative’s assignment request, we will not recognize the assignment, but we will process an otherwise valid appointment. We will notify the representative that we cannot accept and process the assignment. Similarly, when an entity is on the IDPE list at the time we certify direct payment, we will not certify direct payment to the entity. Instead, we will pay the representative directly unless they too have become ineligible for direct payment. The rejection of an assignment will not affect the representative’s own eligibility for direct payment.

For more information on excess fee payments to entities, see GN 03920.051.

For more information on the IDPE list, see GN 03920.052.

3. Assignment requests

a. Submission requirements

A representative who wishes to assign direct payment of an authorized fee to an affiliated entity must submit an assignment request before the date we notify the claimant of our first favorable determination or decision. An assignment request must be made on Section 5 of the Form SSA-1696 either at the time of the appointment or by submitting an updated Form 1696 at any time before we notify the claimant of the first favorable determination or decision. To make an assignment, a representative must include the following information:

  • The claimant’s name and Social Security number;

  • The representative’s name and Rep ID;

  • The entity’s name and EIN (In Section 5, Part B (Representative’s Affiliation Information);

  • Selection of the appropriate box in Section 5, Part C (Direct Payment of Authorized Fee to an Entity); and

  • The representative’s signature and date (in Section 8).

IMPORTANT: The claimant’s signature is not required for a representative to make an assignment request, but the claimant’s signature is required for us to recognize an appointment.

b. Processing assignments

If the technician identifies an assignment request, they will process the assignment in RASR by choosing the EIN of the entity listed on the appointment notice and selecting the "entity direct payment" checkbox within RASR. If the EIN provided on the appointment notice is invalid or we cannot process the assignment request, see GN 03910.040F.4.

When a Form SSA-1696 contains both an appointment notice and an assignment request, and for any reason the assignment request cannot be processed, the technician will continue processing the appointment and will notify the representative of the failed assignment. For sample notice language used when an assignment has failed, see GN 03905.036.

If an entity is not registered with us when a representative submits an assignment request, we cannot process the assignment request. If the representative is eligible for direct payment at the time we certify payment, we will directly pay the authorized fee to the representative.

For general information about the processing the Form SSA-1696, see GN 03910.040.

4. Rescission requests

a. Submission requirements

We will accept a representative's request to rescind an existing assignment if we receive it before the date we notify the claimant of the first favorable determination or decision in their case. If the rescission is not making a new assignment, they must check the "Rescission of prior Assignment" box and include the following information :

  • The claimant's name and SSN;

  • The representative's name and Rep ID; and

  • The representative's signature and date.

 

b. Processing rescission requests

Upon receiving a representative’s request to rescind an existing assignment, technicians must:

  • Ensure that the request includes the information listed in GN 03920.021B.4.a. above;

  • Identify the date the request was received; and

  • Check the appropriate claims file to determine whether a determination or decision has been issued.

If the request contains all the required information listed above, was received timely, and there are no errors, inconsistencies, or other issues preventing us from processing the rescission, the technicians will process the rescission request and update the RASR application to indicate a rescission of assignment.

If the rescission request does not meet the above requirements, technicians will not process the rescission request and will inform the representative that we are unable to process the rescission request, and that unless the representative submits a rescission request that meets the above requirements, the previously established assignment will remain in effect.

Technicians must use the following dictated language:

“We received your request to rescind your assignment but are unable to process your request because it is incomplete, contains incorrect information, or was untimely. The most recent valid assignment remains in effect. Unless we receive a valid rescission request, we will pay your authorized fee to [Entity Name] in accordance with agency policy. To be valid, a rescission request must meet the requirements explained in GN 03920.021B.4.a, and we must receive it before the date we notify the claimant of our first favorable determination or decision.

If you are rescinding a prior assignment without making a new one, you must submit an updated, current version of Form SSA-1696 with the claimant’s name and SSN, the representative’s name and RepID, the “rescission of prior assignment” box checked (in section 5, Part C), and the representative’s signature and date.

If you are rescinding a prior assignment by making a new one, you must submit an updated, current version of Form SSA-1696 with the claimant’s name and SSN, the representative’s name and RepID, the new entity’s name and EIN (in section 5, Part B), the “assignment” box checked (in section 5, Part C), and the representative’s signature and date.”

NOTE: If technicians receive an SSA-1696 with a new entity listed in Part B and the “Assignment” box in Part C is checked, this constitutes the rescission of any prior assignment. We will rescind the previous assignment and reassign the direct payment to the new entity listed in Part B of the form. Technicians can refer to the RASR User Guide for instructions on rescinding an assignment.

C. Direct payment of fees to an entity

1. When we issue direct payment of fees to an entity

When a representative assigns direct payment of fees to an entity, we will pay the representative’s full authorized fee to the entity if all other conditions for eligibility are met. We do not allow a representative to assign payment of only part of the fee to an entity. While a representative may change their assignment in a case (see GN 03920.021B5), each representative can only assign direct payment of their fee to one entity in each case.

In cases with multiple representatives, each representative may choose whether to assign direct payment of their fee to an entity, and we do not require all representatives to assign direct payment of their fee to the same entity. If more than one representative assigns direct payment of their fee to the same entity, we will pay the entity the total amount of the fee authorized to those representatives less those representatives’ share of the user fee. For more information on direct payment, see GN 03920.016. For more information on the user fee, see GN 03920.019.

If a processing error occurs, such as incorrectly affiliating a representative in RASR while keying in information from the Form SSA-1696, and this error results in payment to the wrong entity, we will pursue recovery of the incorrect payment and immediately process direct payment to the correct entity. For more information on excess representative fee payments, see GN 03920.051.

2. When we do not issue direct payment of fees to an entity

We are not responsible for the direct payment of fees to an entity when:

  • We issued payment to the incorrect entity due to the representative's error (i.e., the representative affiliated with the wrong EIN);

  • The representative did not timely assign direct payment of the fee to the entity;

  • The representative was ineligible for direct payment at the time we processed the assignment request or certified payment; or

  • The representative waived the right to collect a fee or direct payment.

IMPORTANT: In instances where we cannot honor an assignment (e.g., the entity became ineligible for direct payment after we accepted and processed the assignment) and cannot pay the representative (e.g., the representative was sanctioned, suspended, or is deceased with no estate), we will release the past-due benefits to the claimant, unless there is court involvement or another representative who is eligible for direct payment. If the entity later regains eligibility, we will not apply failure to withhold policy and will not post an overpayment to the claimant to make direct payment to the entity. If, before making payment, we discover that the representative provided an incorrect EIN or the representative is not affiliated with an entity, but there is indication of an assignment, we will contact the representative to obtain the information. If we are unable to obtain the information and we make direct payment to the representative, we will not make corrections for the assignment. Resolution of issues related to payment of the fee in this case will be between the representative and the entity.

Example: Bill, a representative affiliated with BBB Incorporated, submits an SSA-1696 assigning the direct payment of fees to Bill's affiliated entity, BBB Incorporated. Bill provides the Employee Identification Number (EIN) of BBB inc. However, during processing, the technicians discovers that the EIN provided does not match the records belong to BBB Inc. In this situation, the technicians will contact Bill to clarify the discrepancy of the incorrect EIN. If the contact is successful, and Bill provides the correct EIN, we will update the information in RASR. If the technician is unable to obtain the correct EIN before the date of the first favorable determination or decision, we will certify direct payment of the authorized fee to the Bill.

For more information of processing of SSA-1696, see GN 03910.040.

D. Roles and responsibilities of POCs

1. POC responsibilities

The POC may be, but is not required to be, an appointed representative in a claim. However, a POC’s role and responsibilities are different from an appointed representative, even if both roles are held by the same person. An appointed representative provides representational services before us for a claimant or other individual with a pending claim, matter, or issue who seeks benefits. A POC, on the other hand, is responsible for resolving fee-related matters on behalf of an entity in all cases where fees were paid to the entity. Unless the POC is also the appointed representative in a case, we will not disclose specific claims information (i.e., onset date, etc.) or other protected information (e.g., the claimant’s information) to the POC other than the minimum amount of information necessary to resolve fee-related issues (e.g., those that involve direct payment of fees to the entity) absent the claimant’s valid written consent.

NOTE: POC's must comply with applicable laws and SSA’s rules including our Rules of Conduct and Standards of Responsibility for Representatives. For more information on these Rules of Conduct and Standards of Responsibility, see GN 03970.010.

IMPORTANT: To inform us of a new POC, an entity must submit an updated form SSA-1694 “Entity Registration and Taxpayer Information” with the new POC’s information.

The responsibilities of the POC include the following:

a. Keeping the entity's and POC’s information current

To ensure accurate payment to the correct entity, the POC will maintain up-to-date information for the entity. This includes keeping the contact information for the entity and POC current. The POC is also responsible for maintaining and reporting changes to banking details required to receive EFT payment.

b. Assisting in resolving fee related matters

The POC is responsible for assisting us in resolving fee related matters related to the direct payment of a representative’s fee to the POC’s entity. Examples include:

  • Excess or erroneous fees paid to the entity.

  • The entity’s non-receipt of direct payment of a certified fee.

  • Incorrect tax information appearing on the Form IRS-1099 Miscellaneous Information.

The POC is only responsible for matters related to the direct payment of a fee. A POC is not responsible for issues involving the fee itself, including the amount of fees awarded or the decision to request administrative review of a fee authorization, unless a deceased representative validly assigned direct payment of a fee. Those issues remain the responsibility of the appointed representative who is seeking the fee. Unless the POC is also the appointed representative in a case or a deceased representative validly assigned direct payment of the fee, the POC’s role is limited to fee related matters that arise after the authorized fee has been certified.

EXCEPTION: If the limited circumstances described in GN 03930.020A apply, a POC may file a fee petition, submit a request for administrative review, and respond to the requests for administrative review received by other parties in the place of the appointed representative (see also GN 03950.001C).

The POC must ensure that the entity remits any fees that were erroneously paid to the entity, including excess fees, regardless of fault. We will work with the POC to resolve fee related matters; however, we will not hold the POC financially responsible for excess fees paid to the entity.

For more information on excess or erroneous fee payments paid to an entity, see GN 03920.051.

NOTE: The Rules of Conduct and Standards of Responsibility for Representatives apply to all representatives, including POCs, see GN 03970.010..

c. Answering questions regarding fee amounts and providing relevant bank statements

As described in GN 03920.051, when excess fee payments are made to an entity, we will pursue recovery of excess fee payments and work with the POC to resolve any fee related matter involved. When requested, to resolve fee-related matters, the POC will provide essential documents including, but not limited to, bank statements, EFT deposit verifications, or remittance payment receipts.

2. Issues that are not a POC’s responsibility

Unless a POC is also appointed as a representative on a particular case, a POC is not responsible for any issues that are not related to the direct payment of an authorized fee, including, but not limited to, issues involving:

  • The disability determination or decision, including the disability onset date.

  • The amount of the fee we authorize under either the fee agreement or fee petition processes (unless the exception in GN 03930.020A applies).

  • The approval or disapproval of a fee agreement (unless the exception in GN 03940.003D.6 applies).

  • The filing of a fee petition (unless the exception in GN 03910.060A.6. applies).

  • A request for administrative review of the approval or disapproval of a fee agreement or the fee authorized under either the fee agreement or fee petition processes (unless the POC filed the fee petition under the limited circumstances described in GN 03930.020A) or the exception in GN 03940.003D.6 applies).

  • Post-entitlement matters, such as a claimant’s return to work.

3. Disclosure of information to a POC

We may only disclose to an entity’s POC the minimum amount of information necessary that is related to resolution of the direct payment of an authorized fee or is otherwise required to resolve a fee-related issue, such as those listed in GN 03920.021D.1.b.

Disclosure of claim information to an entity's POC that is unrelated to resolving a fee issue must be specifically authorized by the claimant on Form SSA-3288 Consent for Release of Information or other written consent that meets the requirements of GN 03305.003 for each disclosure they request. For more information on disclosure with consent, see GN 03305.000.

EXAMPLE: Rudy Chavez is the POC for “Winning Associates for Disability LLC” or WADI. An SSA technician calls Rudy about direct payment of an authorized fee of $7,200 to WADI as SSA systems indicate that the payment was a duplicate. Rudy asks the SSA technician to provide copies of the two direct deposits and examines WADI’s records, which confirm that the entity received two payments. Rudy agrees to send SSA a check from WADI in the amount of $7,200 with the claimant’s first and last name and Social Security number on the check to correct the payment error.

IMPORTANT: We will not discuss with a POC any matters concerning the assignment of direct payment by an appointed representative unless it is the minimum amount necessary for the POC to review and resolve fee-related issues.


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GN 03920.021 - Assignment of Direct Payment of Authorized Fees to an Entity - 12/12/2024
Batch run: 12/19/2024
Rev:12/12/2024