The 400 Bad Request: Understanding Direct Fee Payment for Title II Claimant Representation

This article provides an overview of the Social Security Administration's (SSA) policy on direct fee payment for title II claimant representation. It explains what constitutes a "provider" eligible for this benefit and how it differs from non-providers.

The SSA has introduced policies to provide greater benefits to providers who work with claimants on a regular basis. One such policy is the direct fee payment program, which allows providers to receive compensation for their services as title II claimant representatives. According to the SSA's FOIA disclosure form (2018/FY 202017 Attorneys and Non-Attorneys Eligible for Direct Fee Payment for Title II Claimant Representation.pdf), a provider is defined as an individual or entity that:

• Engages in any activity on behalf of a claimant, including but not limited to: representing the claimant; providing services related to the claimant's benefits; and maintaining records about the claimant.
• Is certified by the SSA as an attorney or is licensed to practice law under certain circumstances.

Providers who are eligible for direct fee payment must meet specific requirements, including:

• Having at least one claim in their name with a benefit paid on that claimant's behalf.
• Providing services as described above to the SSA or its contractors.
• Filing an application with the SSA and receiving approval for direct fee payment before providing services to a claimant.

Non-providers, on the other hand, are individuals who do not meet these requirements and are therefore ineligible for direct fee payment.