. In this article, we will discuss the eligibility criteria and requirements for claimants to receive direct fee payment in Title 2 claims.
**Who is Eligible?**
To be eligible for direct fee payment under Title 2, claimants must meet one of two conditions:
1. They are represented by an attorney who is authorized to practice before the SSA.
2. The attorney has a written agreement with the claimant that includes an express provision for direct fee payment.
**What are the Requirements?**
To qualify as eligible for direct fee payment, the following requirements must be met:
* The claimant must have filed a Title 2 claim in conjunction with another claim or application.
* The attorney must have represented the claimant for at least one year prior to filing the new claim.
* The attorney's representation of the claimant must include an express provision for direct fee payment, which can be found in the SSA's General Instructions for Claimants (Form 3328).
* The attorney's fees and expenses must be reasonable and in proportion to their services provided.
**Conclusion**
Direct fee payment under Title 2 claims provides a significant incentive for attorneys to represent claimants. However, it is essential that claimants and attorneys understand the eligibility criteria and requirements for direct fee payment to ensure compliance with SSA regulations. By following these guidelines, claimants can maximize their benefits and optimize their representation efforts.
**Note:** This article is intended as educational content only and should not be considered as legal advice. If you are seeking guidance on your specific situation, please consult with an attorney or the SSA directly.
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