I-1-2-18.Multiple Representatives and Approved Fee Agreement

If the claimant has more than one appointed representative and the decision maker approves the fee agreement signed by the claimant and all of the representatives, the appropriate Social Security Administration (SSA) effectuating component will divide the fee authorized under the fee agreement process equally between or among the appointed representatives. The decision maker does not address the fee distribution in approving the fee agreement.

If a co-representative waives charging and collecting a fee, SSA will not consider that representative in fee calculations and will not apportion them a share of the authorized fee. For example, if there are two appointed representatives and one waived their fee, SSA will pay the entire fee to the representative who did not waive their fee.

When SSA has withheld Title II or Title XVI past-due benefits for a representative's fee, SSA will certify direct payment to the representatives eligible to receive direct fee payment in separate payments. If the representative(s) validly assigned direct payment of their fee to the same entity as described in Program Operations Manual System (POMS) GN 03920.021, SSA will instead directly pay the entire fee to that entity, to the extent past-due benefits allow. If the representatives validly assigned direct payment of their fees to different entities, SSA will pay each entity the share(s) of the authorized fee each representative assigned to each affiliated entity. For example, if there are three appointed representatives and two validly assign direct payment of their fees to Entity A and one validly assigns direct payment of their fee to Entity B, SSA will certify direct payment of two thirds of the authorized fee to Entity A and one third to Entity B.

Refer to POMS GN 03920.050A for procedures SSA follows in releasing past-due benefits.