Quite a few years ago Social Security would authorize payment of back benefits to a claimant at one time and then later come back and authorize payment of the attorney fee. (This is so long ago there were no fees being paid to non-attorney representatives at the time.) This was felt to be necessary because the claimant had the right to object under the fee agreement process to the fee.
Eventually, Social Security decided this was both inefficient and unnecessary since claimant objections to attorney fees were so rare.
It's happening again. The authorization of the back benefits to the claimant is being done at one time and the authorization of the attorney fee is coming later. I cannot say how widespread this is but I am starting to see this in most cases.
This is inefficient. It seems particularly objectionable to me since I am paying a user fee for this service. I cannot understand why this is happening even under the extreme pressures that Social Security's payment centers are facing. It seems so inefficient. Why is this happening?
10 comments:
Given the potential attacks that claimants and reps face in our current political climate and the scrutiny the program and representatives are being put under by the WSJ, I think this is a misguided post complaining about something that may not even exist as a problem if overreaching reps cause us to lose direct fee payment altogether.
If the payment center processes an ALJ award, with an attorney, we delay paying the attorney's fee until necessary proofs are received (proof of workers' comp, etc). This is per POMS procedure.
The claimant is put into pay but the attorney fee is delayed.
I know about the delays of attorney fee payments when there is incomplete workers comp payment info, which is very understandable, but what about the other 98% of the cases? What is the "etc" that you refer to? What other proofs would be missing that would permit payment to the claimant but not the attorney? These are the cases Mr. Hall is questioning, and me too!
I'm with 1:49-now is not the time to be raising complaints about any mistreatment of reps. If there's a problem with payment delay, deal with it on a case-by-case basis. Usually there's a reason the rep hasn't been paid (see 2:23, for example), but sometimes not. In light of what's transpired over the last 6-9 months (Huntington, WV ODAR; anonymous ALJs; and new regs regarding representatives), I'm staying in my bunker, keeping my head down, and hoping it doesn't get blown off!
Something I see that delays fees is the hiring of multiple attys without dismissing the the first one(s). Hire a local atty - things don't move fast enough so they contact the firm in LA. Still moving slow so they go to Lehi Ut. Still not fast enough so they go to New York. None of these will waive a fee even if the client does dismiss them so all have to file petitions.
Geez, Charles, listen to yourself. You're complaining because you're not getting paid before the claimant?
Better let this one rest.
Charles has a point. I am getting questions about attorneys not getting their federal court fees almost a year after the court order. No explanation from PC after several detailed requests from me and the attorney. Totally unacceptable and right now not even explainable.
Federal court is another matter. My FO has had cases over the years where there was a federal court approval for SSI, and no info was given to us until the attorney asked for status months after the decision. RO totally dropped the ball at transmitting a copy of the decision as required. No decision, no action, no fee.
If there is more than one attorney and the fee must be split, the attorney fee payment doesn't automate through the system. The N/H is paid but the benefit authorizer in the PC has to take a subsequent action to release the attorney fee.
Also the attorney fee payment must be delayed if we don't have proof of workers comp, public dib payments (CA SDI), proof of age for non USA citizen, proof of lawful presence for all months, or if the ALJ recommends a payee for N/H.
The concurrent SSI/SSDI claims with SDI offset and requesting proofs from the claimants cause the most delay. And the multiple attorney issue also increases time. Now that we have Claims Reps and Service Reps doing the same work at the front counter and answering phones, claims are not being worked the way they used to. Everyone is deemed to be a Claims Rep in certain areas. The whole thing is a joke and no one has the time to devote to figuring things properly, because they are always at the front counter or answering phones or using some translation service for all the immigrants that file for SSI. Sorry but 5 people can't do the work that 20 used to do accurately. Only in your dreams.
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