When the Social Security Administration (SSA) makes a favorable decision on a claim involving a fee agreement, we will notify the claimant and the representative about the determination on the agreement.

The notice must also advise the parties of the right to request administrative review of the determination approving or disapproving the fee agreement within 15 days of receiving the notice.

We will authorize the amount of the fee that results from the approved fee agreement and notify the recipients identified in GN 03940.008A of the following:

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  The amount of the past-due benefits payable to the claimant, any auxiliary beneficiary, and/or an eligible spouse (see GN 03940.007, Fee Agreements - Title XVI Past-Due Benefits);

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  The amount of the fee resulting from the fee agreement; and

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  The right to request administrative review of the amount of the fee within 15 days of receiving the notice.

The Act requires we send the notice in GN 03940.008B to the:

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  Claimant,

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  Any affected auxiliary beneficiary or eligible spouse, and

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  The appointed representative.

See GN 03910.040C1, for policy on notices in multiple representative situations. 

If the claimant is mentally incapable of managing their funds, we issue the above notice to the representative payee, thereby protecting the claimant's right to request administrative review. Representative payees must only receive the information needed to perform their fiscal responsibilities for the claimant. Notices should not exceed this information, meaning information about auxiliary beneficiaries or claim(s) related information must be redacted from any notice sent to a representative payee. See GN 03940.037 and GN 03940.051 for further instructions regarding processing claims involving mental capability.

When the claimant dies before we issue a favorable decision, the claimant or representative had submitted a valid fee agreement, and the decision maker approves that fee agreement, we will send the notice(s) described in GN 03940.008A and GN 03940.008B to the parties, including the survivors or estate of the deceased, or the entity's POC if there is a valid assignment and the representative has died. Refer to GN 03940.009B for fee payment policy. When there is a Title XVI underpayment, refer to SI 02101.003, SSI Underpayment Due - Individual Deceased – General.

When a claimant or representative dies after we issue a favorable decision, refer to GN 03940.009B. If the representative dies before we issue a favorable decision, refer to GN 03940.003D.6.

The decision maker may request that the field office (FO) or processing center (PC) notify them by e-mail when the FO/PC processes the favorable decision and authorizes the fee amount, if they believe a request for administrative review may be appropriate. A decision maker in the Office of Appellate Operations or Office of Hearings Operations will flag the claim file to request that the FO/PC notify the decision maker by e-mail when the fee is authorized.