TN 8 (02-05)

A. Policy

The benefit authorizer (BA) in the processing service center (PSC) or the benefit technical examiner (BTE) in the Office of Central Operations:

• certifies direct payment of a representative's fee from withheld title II past-due benefits based on authorization by the fee decision maker;

• releases excess title II past-due benefits withheld to the claimant and any auxiliary beneficiary(ies);

• determines appropriate fill-ins for paragraphs designated by the claims representative (CR), claims authorizer (CA), claims technical examiner (CTE) or PC fee reviewer; and

• sends notices to the representative, the claimant, and any auxiliary beneficiary(ies) when SSA pays the fee and releases any excess past-due benefits.

NOTE: The position assigned to perform specific functions may vary among the processing centers (PCs).

B. Procedure - Identifying Fee Petition Cases

Identify fee petition cases by the following:

1. Form SSA-1128

Look for the Form SSA-1128 (Representative Involved) flagging the claim file, with the block labeled “Fee Agreement in File” not checked.

2. Remarks

Look for any remarks the CR, CA, CTE, or PC fee reviewer provided specifying that the case is or may be a fee petition case. Note the directions the CR, CA, CTE, or PC fee reviewer provided (e.g., with a remark associated with the A101) to withhold 25 percent of past-due benefits for possible direct payment of the representative's fee.

EXAMPLES: The web-101 cover sheet or the BCRN screen reflects one of the following remarks:

• FEE WITHHOLDING CASE - Fee Petition Expected, or

• REP FEE CASE - Fee Petition or Waiver Expected.

3. Definitions

As needed, refer to the sections listed below to clarify what are past-due benefits and benefits subject to withholding.

• Title II past-due benefits, GN 03920.030.

• Title II past-due benefits subject to withholding, GN 03920.035.

• Past-due benefits in court cases, GN 03920.060B.

4. Questionable Situations

Refer questionable situations to the CA/CTE for clarification.

C. Procedure - Diary Matures - Withholding

Take the actions shown if the diary on a title II only claim or concurrent title II and title XVI claims matures and the PC has not received a fee petition, fee waiver or waiver of direct payment from the representative, or a fee authorization from the hearing office, AFB or the court.

1. Initial or Reconsideration Level Case

Route the case to the fee reviewer or disability specialist (or other position identified by the PC) for necessary action under GN 03930.090A. (case resolved below the hearing level).

2. Cases from hearing level or above

Adhering to the practice in your PC, follow the procedure in GN 03930.090C (case resolved by Administrative Law Judge) or GN 03930.090D. (case resolved by Appeals Council) or refer the case to the PC fee reviewer for necessary action.

3. Court Case

Refer to GN 03930.091 for the actions to take.