GN 03930: Fee Authorization Under the Fee Petition Process
TN 7 (07-04)
A. Introduction
A representative can file a fee petition before or after SSA makes or effectuates a determination or decision.
EXAMPLE: A representative whom the claimant had discharged filed a fee petition before SSA makes a final determination.
The field office (FO) or processing center (PC) action varies depending on whether the claim or postentitlement or posteligibility (PE) action has been decided and, if so, who decided the case.
B. Procedure - Claim or PE Action Not Decided
When you receive the fee petition, take the action(s) shown:
1. Pending Below the Hearing Level
a. You Have the Claim File or Pertinent Electronic Records
Process the claim or PE action. (See GN 03930.030 – GN 03930.045, about claims representative (CR) and claims authorizer (CA) or claims technical examiner (CTE) responsibilities.)
Forward the fee petition to the fee reviewer in the PC having jurisdiction (see GN 03930.015A.). Also forward the claim file, if you have it. If you are in a FO or another PC, use the routing instructions shown in GN 03930.025D. For SSI only fee petitions, annotate the envelope with “SSI fee petition.”
NOTE: The FO should forward the title XVI file with the fee petition when possible, to aid the PC fee authorizer in evaluating the petition.
b. You Do Not Have the Claim File and Electronic Records Are Not Available
Forward the fee petition to the fee reviewer in the PC having jurisdiction (see GN 03930.015A.). If you are in a FO or another PC, use the routing instructions shown in GN 03930.025D.
2. Pending at or Above the Hearing Level
Forward the claim file, if it is available, with the fee petition to the hearing office or to the Appeals Council. If the Attorney Fee Branch already has the claim file, forward the fee petition for association.
C. Procedure - Claim or PE Action Decided
When you receive the fee petition, take the action(s) shown:
1. Decided Below the Hearing Level
Forward the fee petition, with the claim file if you have it, to the fee reviewer in the PC having jurisdiction (see GN 03930.015A.). If you are in a FO or another PC, use the routing instructions shown in GN 03930.025D.
NOTE: The FO must forward the title XVI file with the fee petition because the PC fee authorizer cannot evaluate the petition without it.
2. Decided at the Hearing Level
Forward the fee petition to the hearing office (HO). Use the Detailed Office/Organization Resource System (DOORS) to determine the HO address (see MSOM DOORS 002.013 ). (See GN 03930.015B. about jurisdiction.)
3. Decided Above the Hearing Level
Forward the fee petition to the Attorney Fee Branch (AFB). (See GN 03930.015B. about jurisdiction, and GN 03930.025D. for the AFB address.)
D. Procedure - Routing Instructions
Follow these routing instructions:
|
PC or AFB |
Route To: |
|---|---|
|
PC-1 |
Northeastern Program Service Center, SSA ATTN: Reconsideration Review Section (DO NOT OPEN IN MAILROOM) P. O. Box 314100 Jamaica, NY 11431 |
|
PC-2 |
Mid-Atlantic Program Service Center, SSA ATTN: Reconsideration Review Section (DO NOT OPEN IN MAILROOM) 300 Spring Garden Street Philadelphia, PA 19123 |
|
PC-3 |
Social Security Administration Southeastern PSC Birmingham Social Security Center 1200 Rev. Abraham Woods, Jr. Blvd. Birmingham, AL 35285-0001 |
|
PC-4 |
Great Lakes Program Service Center, SSA ATTN: Reconsideration Review Section (DO NOT OPEN IN MAILROOM) P. O. Box 5396 Chicago, IL 60680 |
|
PC-5 |
Western Program Service Center, SSA ATTN: Reconsideration Review Section (DO NOT OPEN IN MAILROOM) P. O. Box 2152 Richmond, CA 94802 |
|
PC-6 |
Mid-America Program Service Center, SSA ATTN: Reconsideration Review Section (DO NOT OPEN IN MAILROOM) P. O. Box 15487 Kansas City, MO 64106 |
|
PC-7 |
Office of Disability Operations, SSA P.O. Box 1075 Baltimore, MD 21241 |
|
PC-8 |
Office of International Operations, SSA P.O. Box 1075 Baltimore, MD 21241 |
|
AFB |
Office of Appellate Operations (OAO) ATTN: Attorney Fee Branch, Suite 805 5107 Leesburg Pike Falls Church, VA 22041-3255 |