When the reviewer has affirmed the disapproval of the fee agreement, the representative must seek approval under the fee petition process to charge and collect a fee. If the representative is not eligible for direct payment, no post-review action is necessary.

If the representative is eligible for direct payment, including when they assigned direct payment of the fee to an eligible entity, the processing center (PC) will, for cases decided:

• •

  Below the hearing level, follow GN 03930.045C.1 and diary the case for 60 days.

• •

  At the hearing or Appeals Council (AC) level, follow GN 03930.045C.2 and diary the case for 60 days.

• •

  In Federal court proceedings or on remand from a court, follow GN 03930.045C.2 and diary the case for 120 days.

If the initial decision maker approved the fee agreement, and the reviewer intends to reverse that determination and disapprove the agreement, see GN 03960.060B.

When the reviewer affirmed the approval or reversed the initial disapproval determination and has approved the fee agreement, technicians:

• •

  Follow GN 03940.030 (Title II claims) or GN 03940.046 (Title XVI claims) to calculate the fee amount if manual calculation is necessary and provide notice of the amount of the fee under the approved agreement, if not resolved already; the past-due benefits amount; and the right to request administrative review of the fee amount within 15 days of receiving this notice.

• •

  In a concurrent Titles II and XVI case, notify the servicing FO that the determination is available in the online retrieval system (ORS) using Processing Center Action Control System (PCACS) or other locally used communication method a copy of the claimant's notice showing the past-due benefits and fee amounts.

• •

  Recode the Appointed Fee (APPFEE) and Appointed Rep Account Data (APPREP) Data Lines using the Appointed REP Account Data (ARA) screen.

When the reviewer affirmed the initial approval or reversed the previous disapproval determination and has approved the fee agreement and authorized the fee amount, technicians:

• •

  In a concurrent Titles II and XVI case, notify the servicing FO that the determination is available in ORS using PCACS or other locally used communication method.

• •

  Recode the APPFEE and APPREP Data Lines using the ARA screen.

The PC reviewer sends the completed Form SSA-1560 or equivalent fee petition to the individual in the PC who has been delegated the authority to approve the representative’s fee under the fee petition process (see GN 03930.001). If the initial authorization was made at hearing level or above, the reviewer will forward the Form SSA-1560 or equivalent fee petition to the appropriate decision maker identified in GN 03930.015B.

In addition to the necessary PC action shown in GN 03960.060B.3 or in GN 03960.060B.4 below, the PC reviewer will notify the FO using PCACS, or other locally acceptable method, of their action and that the disapproval notice is available in ORS.

Exception: If information in the claim(s) file shows the claimant has paid the amount of the fee authorized under the agreement, the PC reviewer does not need to complete the Optional Form 41 but will send the servicing FO a copy of the claimant’s notice on administrative review.

When the representative is not eligible for direct payment, the PC recodes the APPFEE and APPREP Data Lines using the ARA screen.

When the representative is eligible for direct payment, including when there is a valid assignment to an eligible entity, the PC recodes the APPFEE and APPREP Data Lines using the ARA screen, and for cases decided:

• •

  Below the hearing level, follows GN 03930.045C.1 and diary the case for 60 days;

• •

  At the hearing or AC level, follows GN 03930.045C.2 and diary the case for 60 days; or

• •

  In Federal court proceedings or on remand from a court, follows GN 03930.045C.2 and diary the case for 120 days.

When the representative is not eligible for direct payment, no post-review action is necessary.

When the representative is eligible for direct payment, including when they assigned direct payment to an eligible entity, the technician follows GN 03940.025A and:

• •

  Certifies direct payment of the fee to the eligible representative, or the eligible entity if there is a valid assignment as described in GN 03920.021, from past-due benefits withheld;

• •

  Releases any excess to the claimant, unless there are other reasons to continue to withhold past-due benefits (e.g., other eligible representatives or Federal court involvement); and

• •

  When there are one or more auxiliary beneficiaries whose claims are pending, follows GN 03940.035.

Refer to GN 03920.016, for the definition of “representative eligible to receive direct fee payment” and policy on direct payment to representatives and entities with valid assignments. Refer to GN 03920.021 for information about the assignment of direct payment of fees to an eligible entity.