POMS Reference

GN 03940: Fee Authorization Under the Fee Agreement Process

TN 17 (03-05)

A. Procedure - Title II - Deferred Fee Authorization

When you are processing a title II claim in which you must defer authorizing a fee, use the following paragraphs in GN 03940.075:

  1. If the representative is eligible for direct payment, use paragraph “A” (ATYR04/Claimant/Auxiliary Notice – Partial Adjudication-Representative Eligible for Direct Payment) for the claimant's or auxiliary's notice.

  2. If the representative is not eligible for direct payment, use paragraph “B” (ATYR06/PCNATY002 Claimant/Auxiliary Notice – Partial Adjudication – Non-Attorney Representative (ineligible for direct payment)) for the claimant's or auxiliary's notice.

B. Procedure - Title II - Delayed Auxiliary Claim(S)

As GN 03940.035 explains, do not defer authorizing a fee when there are one or more delayed auxiliary claims. Use paragraphs shown in GN 03940.080 to notify the primary claimant and any non-delayed auxiliary(ies) of the authorized fee.