400 Bad Request: Eligibility for Direct Fee Payment of Title 2 Claimant Representation

As of FY2017, the Social Security Administration (SSA) has established a new policy allowing attorneys and non-attorneys to represent clients in claims. This document provides an overview of the eligibility criteria for direct fee payment for Title 2 claimant representation.

The Direct Fee Payment Policy was implemented as a result of Section 5101(b)(2) of the Social Security Act, which authorizes SSA to provide attorney services directly to claimants in cases where they are represented by an attorney. The policy also allows non-attorney representatives to receive direct fee payments for their representation.

Eligibility Criteria

The eligibility criteria for direct fee payment of Title 2 claimant representation include:

• Claimants must be represented by an attorney who is authorized to practice before the courts in the jurisdiction where the claim is filed.
• Non-attorney representatives must have a degree from an accredited institution, and they must have completed a certain number of hours of training or experience in social security law as required by Section 5101(b)(2) of the Social Security Act.

The SSA will evaluate applications for direct fee payment on a case-by-case basis. If an application is approved, non-attorney representatives may receive direct fee payments from claimants who meet the eligibility criteria.

Additional Considerations

Non-attorney representatives must disclose any potential conflicts of interest to the claimant and to SSA before receiving a payment. They also must comply with all applicable laws, regulations, and court rules when representing clients in claims.

It is essential for non-attorney representatives to understand their role and responsibilities under the Direct Fee Payment Policy. If you are interested in pursuing this opportunity, please consult with an SSA representative or a qualified attorney who is authorized to practice before the courts in your jurisdiction.

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