I-1-2-42.Administrative Review of the Approval or Disapproval of the Fee Agreement — Overview

Last Update: 1/28/03 (Transmittal I-1-44)

A. Filing the Request

When the claimant or representative disagrees with the Social Security Administration's (SSA's) determination approving or disapproving a fee agreement, he/she may protest that determination by requesting an administrative review. The party requesting administrative review must do so within 15 days of receiving the notice of the determination approving or disapproving the fee agreement.

B. Reviewing Official

The following ODAR officials are delegated the authority to conduct administrative review of the approval or disapproval of the fee agreement, regardless of who requests the administrative review:

Decision Maker Reviewing Official
Administrative Law Judge (ALJ) Regional Chief ALJ (RCALJ) who has jurisdiction over the claimant's servicing hearing office
RCALJ Deputy Chief ALJ or the Chief ALJ
Administrative Appeals Judge (AAJ) Deputy Chair, Appeals Council
Deputy Chair, Appeals Council Chair, Appeals Council

C. Informing the Parties

The reviewing official must:

  • acknowledge receipt of the request for administrative review;

  • notify all other parties of the request, including the decision maker; and

  • afford the other parties 15 days to submit written information responding to the request.

D. Reviewing the Fee Agreement Approval or Disapproval

The reviewing official will consider:

  • the fee agreement,

  • the approval or disapproval of the fee agreement,

  • the request for administrative review, and

  • any additional information provided.

The reviewing official will affirm or reverse the decision maker's determination on the fee agreement.

E. Issuing Notice of the Administrative Review Determination

The reviewing official must mail a written notice of the determination made on administrative review to the:

  • claimant,

  • representative and

  • decision maker.

The notice will advise the parties that the determination is not subject to further review.