In cases resolved at the initial or reconsideration level, the diary period is 60 days from the date of the favorable determination.

In cases resolved in administrative proceedings at the hearing or Appeals Council level, the diary period is 60 days from the date of the favorable decision.

In cases decided by the favorable judgment of a Federal court (including cases resolved in a favorable administrative decision following a Federal court remand, see GN 03920.060A.3., NOTE), the diary period for receipt of the court's fee order and, if applicable, the administrative fee authorization is:

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  For cases favorably resolved by the Federal court (also called "true court cases"): 120 days from the date of the court's decision.

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  For cases resolved in a favorable administrative decision following a Federal court remand: 120 days from the date of the final administrative law judge or Appeals Council decision.

  NOTE: If there is a significant delay in issuing the award notice after the favorable decision, adjust the diary period accordingly. Fee petitions are often not filed until the past-due and fee amounts are available.

PCs set controls for the receipt of a fee petition or fee authorization on Title II claims and concurrent Titles II and XVI claims.

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  The Single Payment System (SPS) provides a listing of pending representative payments.

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  If necessary, PCs will create an Action Control Record (ACR) to control the work through the Processing Center Action Control System (PCACS). For cases decided at the hearing or Appeals Council level, an ACR is automatically created when OHO or OAO transfers the case to the PC for effectuation. The Type of Event Level (TOEL) 1 and 2 explains the action waiting to be processed. Assign a TOEL of ATFEE PETPAY for any diary or ACR established to control for the receipt of a fee petition from a representative who is eligible for direct payment or a fee authorization from OHO or OAO. If the only pending issue is court ordered fees, use a TOEL of ATFEE COURT. PCs also have their own listing codes. The ACR remains in the Development Holding File (DHF) until the issue is resolved.

  NOTE: In the Office of Central Operations, technicians processing OHO, OAO, or court level cases prepare a PCACS diary related to the existing “ATFEE PAY” or ATFEE COURT” ACR, and route the claims to the DHF PAY pending receipt of the fee authorization.

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  The Modernized Claim System (MCS) diaries may control the actions. See GN 01040.010, Diary Codes.

The preferred method of establishing the controls may vary among the PCs. Follow local PC procedures.

In Title XVI only claims and the Title XVI portion of concurrent claims, the FO controls for the receipt of a fee petition or a fee authorization by establishing for resolution a FEE PETITION issue on the Development Worksheet or on the MDW screen for non-MSSICS cases.