TN 8 (02-05)

A. Process

Although the representative must obtain SSA's authorization to charge and collect a fee, we will not routinely diary a claim or postentitlement action for further processing when SSA is not withholding past-due benefits for possible direct payment to a representative who is eligible for direct payment.

B. Policy

1. Diary for Fee Petition From Representative Eligible for Direct Payment

In cases resolved below the hearing level, the diary period is 60 days from the date of the award notice.

2. Diary for Fee Authorization From OHO or OAO.

In cases resolved in administrative proceedings at or above the hearing level, the diary period is 60 days from the date of the award notice.

3. Diary for Fee Authorization From a Court and for the Administrative Fee Authorization

In cases resolved in Federal court proceedings or on remand from the court, the diary period for receipt of the authorization of the administrative fee from the Attorney Fee Officer and for the court's order for court fees is 120 days from the date of the award notice issued to effectuate the court's decision.

C. Procedure

There are several ways to control diaries or monitor payment action.

1. Processing Centers

Processing centers (PC) set controls for the receipt of a fee petition or fee authorization on title II claims and concurrent titles II and XVI claims.

• The Single Payment System provides a listing of pending representative payments.

• Processing centers may create an Action Control Record (ACR) to control the work through the Processing Center Action Control System (PCACS). The Type of Event Level (TOEL) 1 and 2 explains the diary waiting to be processed. Assign a TOEL of ATFEE PETPAY for any diary established to control for the receipt of a fee petition from a representative who is eligible for direct payment or a fee authorization from OHO or OAO. If the only pending issue is court ordered fees, use a TOEL of ATFEE COURT. PSCs also have their own listing codes. The ACR remains in the Development Holding File (DHF) until the issue is resolved.

  NOTE: In the Office of Central Operations, technicians processing Office of Hearings Operations (OHO) or Office of Appellate Operations (OAO) or court level cases, prepare a PCACS diary related to the existing “ATFEE PAY” or ATFEE COURT” ACR, and route the claims to the DHF PAY pending receipt of the fee authorization.

• The Modernized Claim System (MCS) diaries may control the actions.

The preferred method of establishing the controls may vary among the PCs. Follow PC procedures.

2. Field Offices

In title XVI only claims and the title XVI portion of concurrent claims, the FOs control for the receipt of a fee petition or a fee authorization by establishing for resolution a FEE PETITION issue on the DW01 screen in MSSICS cases or on the MDW screen for non-MSSICS cases.

D. References

• Follow-up procedure when no fee petition or fee authorization is received before the diary matures and SSA is withholding past-due benefits, GN 03930.090.

• Diary entries to the MCS Decision Input (DECI) clearance screen, MSOM MCS 009.013.