I-1-2-2.Definitions Related to Fee Processes
Last Update: 12/9/24 (Transmittal I-1-108)
A. Representative
A representative is the person, either an attorney or a non-attorney who meets the qualifications in Program Operation Manual System (POMS) GN 03910.020, whom the claimant appointed on a Form SSA-1696 to act on their behalf in pursuing a claim or asserted right before the Social Security Administration (SSA). For purposes of the rules of conduct and standards of responsibility for Representatives (see HALLEX I-1-1-40), a representative includes an individual who is listed as point of contact (POC) for an entity since all POCs must register as representatives with SSA. See HALLEX I-1-2-2 G in this section for the definition of a POC.
B. Claimant
A claimant is any individual whose asserted rights under Titles II, XVI or XVIII of the Social Security Act (Act) are, or may be, affected by an SSA determination or decision. As used throughout this chapter, the term includes a beneficiary or recipient. References to the “claimant” as a party include any person authorized to act on the claimant's behalf (e.g., parent, legal guardian, or representative payee).
C. Affected Auxiliary Beneficiary
An affected auxiliary beneficiary is a beneficiary who has benefited from the representative's services to the claimant who appointed the representative. References to the “affected auxiliary beneficiary” as a party include any person authorized to act on the beneficiary's behalf (e.g., parent, legal guardian, or representative payee).
D. Processing Centers (PCs)
PCs are the six Program Service Centers and the Office of Central Operations (OCO). OCO is comprised of the Office of Disability Operations (ODO) and the Office of Earnings and International Operations (OEIO).
E. Entity
Entity is any business, firm, or other association, including but not limited to partnerships, corporations, for-profit organizations, and not-for-profit organizations. See 20 CFR 404.1703 and 416.1503. An appointed representative can assign direct payment of an authorized fee to an entity per POMS GN 03920.021, Assignment of Direct Payment of Authorized Fees to an Entity. However, an entity is never a party to the fee authorization.
F. Fee Authorization
Fee authorization is the means by which SSA approves the amount of the fee a representative(s) may charge and collect for services provided to a claimant in proceedings before SSA.
G. Point of Contact (POC)
A POC is an a registered representative who is selected by an entity to speak and act on the entity's behalf and who assumes the affirmative duties and obligations the agency prescribes. See POMS GN 03920.021C for more information on the role of a POC. Under the fee agreement process, a POC may request review if a representative who had validly assigned direct payment of any authorized fees dies and at least one other representative remains active on the claim (see HALLEX I-1-2-12 B.3), or if the representative dies after the fee agreement was approved and the initial fee authorized. Under the fee petition process, if there is a valid assignment, a POC may file a fee petition and submit a request for administrative review on behalf of the deceased representative in the limited circumstances described in HALLEX I-1-2-53 A (POMS GN 03930.020). A POC may not file a fee agreement and, outside these circumstances, a POC may not file a fee petition or request administrative review of the authorized fee.