Last Update: 2/25/05 (Transmittal I-1-48)
If the claimant has more than one duly appointed representative and the decision maker approves the fee agreement signed by the claimant and his/her representatives, SSA will divide the fee authorized under the fee agreement process between or among the appointed representatives. The decision maker does not address the fee distribution in approving the fee agreement.
If a co-representative who did not sign the agreement waives charging and collecting a fee, SSA will:
calculate a total fee amount under the agreement and divide the total fee by the number of appointed co-representatives (whether or not any representative(s) waived a fee),
authorize a share to each co-representative who did not waive a fee, and
not authorize a share waived by the co-representative to any other representative. The waiver does not constitute a transfer or assignment to another person of the right to charge and collect a fee based on those services.
When SSA has withheld title II and/or title XVI past-due benefits for an representative's fee, SSA will certify direct payment to the representatives eligible to receive direct fee payment in separate checks. SSA releases any waived share to the claimant(s).
Refer to POMS GN 03920.050A. for procedures SSA follows in releasing past-due benefits.