20 C.F.R. § 404.1703

Definitions

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As used in this subpart—

Affiliate means to associate with an entity through our prescribed registration process.

Assignment means the transfer of the right to receive direct payment of an authorized fee to an entity as described in § 404.1730(e).

Date we notify him or her means 5 days after the date on the notice, unless the recipient shows us that he or she did not receive it within the 5-day period.

Eligible non-attorney means a non-attorney representative who we determine is qualified to receive direct payment of his or her fee under § 404.1717(a).

Entity means any business, firm, or other association, including but not limited to partnerships, corporations, for-profit organizations, and not-for-profit organizations.

Federal agency refers to any authority of the Executive branch of the Government of the United States.

Federal program refers to any program established by an Act of Congress or administered in whole or in part by a Federal agency.

Legal guardian or court-appointed representative means a court-appointed person, committee, or conservator who is responsible for taking care of and managing the property and rights of an individual who is considered incapable of managing his or her own affairs.

Past-due benefits means the total amount of benefits under title II of the Act that has accumulated to all beneficiaries because of a favorable administrative or judicial determination or decision, up to but not including the month the determination or decision is made. For purposes of calculating fees for representation, we determine past-due benefits before any applicable reduction under section 1127 of the Act (for receipt of benefits for the same period under title XVI). Past-due benefits do not include:

(1) Continued benefits paid pursuant to § 404.1597a of this part; or

(2) Interim benefits paid pursuant to section 223(h) of the Act.

Point of Contact means an individual who registers as a representative in the manner we prescribe and is selected by an entity to speak and act on the entity's behalf and who assumes the affirmative duties and obligations we prescribe.

Registration means a process by which an individual or entity provides the information we require to conduct business with us.

Representational services means services performed for a claimant in connection with any claim the claimant has before us, any asserted right the claimant may have for an initial or reconsidered determination, and any decision or action by an administrative law judge or the Appeals Council.

Representative means an attorney who meets all of the requirements of § 404.1705(a), or a person other than an attorney who meets all of the requirements of § 404.1705(b), and whom you appoint to represent you in dealings with us. For purposes of our Rules of conduct and standards of responsibility for representatives in §§ 404.1740 through 404.1799, Representative also includes an individual who provides representational services and an individual who is listed as a point of contact for an entity, as applicable to their identified role.

We, our, or us refers to the Social Security Administration.

You or your refers to any person claiming a right under the old-age, disability, dependents', or survivors' benefits program.

[45 FR 52090, Aug. 5, 1980, as amended at 72 FR 16724, Apr. 5, 2007; 74 FR 48384, Sept. 23, 2009; 76 FR 45192, July 28, 2011; 76 FR 80245, Dec. 23, 2011; 89 FR 67554, Aug. 21, 2024]

Notes of Decisions

Cited in 45 cases (15 in the last 5 years), 1985–2025 · leading case: Culbertson v. Berryhill

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Culbertson v. Berryhill (2019) scotus “A claimant who has been denied benefits "in whole or in part" by the Social Security Administration may seek administrative review of the initial agency determination, § 405(b), and may then seek judicial review of the resulting final agency decision, § 405(g).”

William J. Detson v. Richard Schweiker, Secretary of Health and Human Services (1986) ca6 · cites it 2× “” 20 C.F.R. § 404.1703 (emphasis added). The Secretary observes that the disability benefits “payable” to a claimant are the net benefits derived after deduction of the windfall offset amount pursuant to 42 U.”

Johnnie MOTLEY, Jr., Appellee, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellant (1986) ca4 · cites it 2× “§ 406 , in light of the section 1127 offset, 42 U.S.C. § 1320a-6, and has concluded that “past-due benefits” under section 206 means “the total amount of benefits payable under Title II____” 20 C.”

Martha M. BURNETT, Appellee, v. Margaret HECKLER, Secretary of Health and Human Services, Appellant (1985) ca8 “” 20 C.F.R. § 404.1703 (1984) (emphasis added).”

Creola Wheeler v. Margaret Heckler, Secretary of Health and Human Services. Appeal of Margaret M. Heckler, Sec. Of Healt (1986) ca3 “20 C.F.R. § 404.1703 (1985). Here, the court issued its ruling in January 1984; consequently, the Secretary properly decided that the period ran through December 1983.”

William Condon v. Otis R. Bowen, Secretary of Health and Human Services, Leatrice Brodner v. Otis R. Bowen, Secretary of (1988) ca2 · cites it 2× “Although section 206 does not define past-due benefits, 20 C.F.R. § 404.1703 (1987) prescribes that past-due benefits are “the total amount of benefits payable under title II of the Act to all beneficiaries that has accumulated because of a favorable administrative or judicial…”

Kovar v. Heckler (1985) ohnd · cites it 2× “” pursuant to 20 C.F.R. § 404.1703 (1985). Id. at 625 .”

Mary E. SHOEMAKER, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellant (1988) ca11 “20 C.F.R. § 404.1703 . 5 . One of the primary purposes of the interim benefits provision was to "ease the severe financial and emotional hardships that would otherwise be suffered by disabled persons.”

Charles H. Cuthbert, Jr. v. Secretary, Department of Health and Human Services (1985) ca4 “If the claimant is entitled to past due benefits, however, that section directs the Secretary to certify for direct payment to the lawyer out of such past due benefits an amount that may not exceed “25 per centum of the total amount of such past-due benefits.”

Nazaria Rodriguez v. Secretary of Health and Human Services (1988) ca1 “The Secretary has defined “past-due benefits” as “the total amount of benefits payable under Title II of the Act to all beneficiaries that has accumulated because of a favorable administrative or judicial determination or decision.”

Lindsay v. Secretary of Health & Human Services (1985) njd “Heckler, addresses the issue more squarely and reaches the same result.”

Motley v. Heckler (1985) vawd “Contrary to the position taken by the Secretary in this case, the definition of “past-due benefits” set out in 20 C.F.R. § 404.1703 is not clearly inconsistent with this interpretation.”

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