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

This article aims to educate readers on the Social Security Administration's (SSA) policy regarding attorneys and non-attorneys who are eligible for direct fee payment for Title II claimant representation. The SSA has implemented a new rule that allows certain individuals, including attorneys and non-attorneys, to receive payment directly for their services, rather than being paid through an attorney.

According to the 2018 FOIA disclosure, the SSA announced its decision to allow attorneys and non-attorneys who provide representation to claimants under Title II to be eligible for direct fee payments. This change applies to claimant representatives, including attorneys, paralegals, and other professionals.

Eligibility Requirements

The eligibility requirements for direct fee payment are outlined in the SSA's policy memo. To qualify, an individual must:

• Be a representative of a claimant under Title II
• Provide representation to the claimant
• Have a practising law office or other entity that provides representation
• Be certified by an accredited college or university as a legal assistant

Download the full policy memo

Carrying Out Direct Fee Payments

The SSA has established procedures for carrying out direct fee payments. These include:

• Direct deposit of funds into an individual's bank account
• Use of a third-party payee service to facilitate the payment process
• Notification to the claimant of receipt of direct fee payment

Learn more about direct fee payments

Closing Note

The 400 Bad Request: Direct Fee Payment for Title II Claimant Representation policy change aims to increase access to representation for claimants and reduce costs associated with attorney fees. While this new policy may be beneficial, it's essential to note that only certain individuals are eligible to receive direct fee payments.

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