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GN 03960.020: PC Actions on Receiving Notice of a Request for Administrative Review Under the Fee Agreement Process

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  • Effective Dates: 12/19/2006 - Present
  • Effective Dates: 04/09/2018 - Present
  • TN 3 (03-95)
  • GN 03960.020 PC Actions on Receiving Notice of a Request for Administrative Review Under the Fee Agreement Process
  • A. Procedure - Title II Involved
  • 1. Continue Withholding - Annotate Administrative Review Data to MBR
  • If the PC receives notice of a request for administrative review under the fee agreement process, do the following:
  • * continue withholding 25 percent of past-due benefits,
  • NOTE: If past-due benefits were not withheld or prematurely released, continue to process the request for administrative review as outlined below.
  • * annotate Administrative Review Data to the MBR using the Attorney Data Screen in MONET (MSOM T2PE 007.025) or the Appointed Rep Account Data screen in MACADE (SM 00841.030)
  • 2. Consider Jurisdiction - PC Has
  • If the PC receives the written request and has jurisdiction for review, refer the case to the reviewer (shown in GN 03960.005). Follow the procedures in GN 03960.035 or GN 03960.055.
  • 3. Consider Jurisdiction - ODAR Has
  • 3. Consider Jurisdiction - OAO Has
  • If ODAR has jurisdiction for review, follow a. or b. below depending on the issue for review.
  • If OAO has jurisdiction for review, follow a. or b. below depending on the issue for review.
  • a. Disapproval of a Fee Agreement
  • * Diary the case for 60 days to follow-up on the administrative review determination if SSA is withholding past-due benefits for a potential attorney's fee.
  • * If the PC has not received a copy of the determination when the diary matures, follow-up with the appropriate Regional Management Officer (RMO), or the AFB as appropriate. Diary the case for 30 days.
  • * If the PC has not received a copy of the determination when the diary matures, contact the Office of the Chief ALJ or Office of the Deputy Chair of the Appeals Council, as appropriate.
  • NOTE: The PC follows the postreview procedure in GN 03960.060.1. when a copy of the determination is received.
  • b. Amount of the Fee Under the Agreement
  • * Diary the case for 90 days to follow-up on the administrative review determination if SSA is withholding past-due benefits for a potential attorney's fee.
  • * If ODAR requests the file to resolve the issue for review, ensure that the claim(s) file contains a Form SSA-1129-U3 (Attorney Fee Case - Past-Due Benefit Summary) explaining the past-due benefits amount GN 03920.030B. describes. If there are one or more auxiliary beneficiaries living in a separate household, also ensure that the claim(s) file contains an explanation of the proration of withheld past-due benefits, if appropriate (see GN 03940.035B.2.). Send the file to ODAR and reset the diary for 90 days.
  • * If OAO requests the file to resolve the issue for review, ensure that the claim(s) file contains a Form SSA-1129-U3 (Attorney Fee Case - Past-Due Benefit Summary) explaining the past-due benefits amount GN 03920.030B. describes. If there are one or more auxiliary beneficiaries living in a separate household, also ensure that the claim(s) file contains an explanation of the proration of withheld past-due benefits, if appropriate (see GN 03940.035B.2.). Send the file to OAO and reset the diary for 90 days.
  • * If the PC has not received a copy of the determination when the diary matures, follow-up with the hearing office manager (HOM), RMO, or the AFB as appropriate. Rediary the case for 30 days.
  • * If the PC has not received a copy of the determination when the diary matures, contact the Office of the Chief ALJ or Office of the Deputy Chair of the Appeals Council, as appropriate.
  • NOTE: The PC follows the postreview procedure in GN 03960.060.2., GN 03960.060.3., or GN 03960.060.4. when a copy of the determination is received.
  • B. Procedure - Title XVI Only
  • If the PC has jurisdiction for review and it receives the written request, refer the case to the reviewer (shown in GN 03960.005). Follow the procedures in GN 03960.035 or GN 03960.055.
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