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To qualify for direct fee payment under Title II, individuals must demonstrate that they have a legitimate need for the services provided by an attorney or non-attorney. This can include situations where the individual is experiencing financial hardship and cannot afford to pay for representation, or where the attorney or non-attorney provides expert testimony on behalf of the claimant. However, the FSSCP has emphasized that only attorneys who are authorized to represent clients under the Federal Rules of Civil Procedure with respect to claims in Title II cases will be eligible for direct fee payment.
Attorneys and non-attorneys who meet the eligibility requirements can submit a Direct Fee Payment (DFP) request through the FSSCP's online system. To do so, they must provide documentation that meets specific requirements, including proof of their expertise in Social Security claims, as well as evidence of their financial hardship or need for representation. The DFP request should be submitted within 120 days of receiving notice from the SSA that a DFP is being considered.
For individuals who are interested in pursuing direct fee payment under Title II, it is essential to carefully review the requirements and process outlined in this document. If you have any questions or concerns about the application process, I recommend contacting the FSSCP directly for assistance.
Please note that this article is intended as a general guide only and should not be relied upon for legal advice or guidance. If you are an attorney or non-attorney seeking direct fee payment under Title II claims, it is essential to consult with an qualified attorney who is familiar with the relevant laws and regulations.
https://www.ssa.gov/foia/resources/proactivedisclosure/2018/FY%202017%20Attorneys%20and%20Non-Attorneys%20Eligible%20for%20Direct%20Fee%20Payment%20for%20Title%202%20Claimant%20Representation.pdf