I-1-2-106.Sample — Deny Request for Administrative Review — Fee Agreement or Fee Petition

A. Good Cause for Late Filing Not Established - Fee Agreement or Fee Petition

On (date), you asked me to review the

• fee amount we said your representative can charge for (his/her) work on your claim. [claimant requested review]

  or

• fee amount you can charge for your services on (claimant's name)'s claim for benefits. [representative requested review]

  or

• disapproval of the fee agreement.

  or

• approval of the fee agreement.

I asked you to explain why you did not ask me to review the fee amount within

• 15 days of receiving our (letter/order) dated (date). In the absence of evidence to the contrary, we assume receipt 5 days after the date of the notice. [Note: in foreign cases, it is 14 days.] [For fee agreement cases]

  or

• 30 days of our (letter/order) dated (date). [For fee petition cases]

My Decision About the Late Request

[Summary of the requester's explanation and other pertinent information, e.g.:

You said you did not get our notice of the (fee amount/fee agreement disapproval/fee agreement approval) until (date). However, your local Social Security office says they talked to you about the fee notice on (date). They told you then that you had to request review within (15/30) days of (receiving our notice/the date of our notice).]

You asked for a review more than (15/30) days after (you received our notice/the date of our notice). I decided that the reason you gave me does not show you had a good reason for missing the deadline.

So I will not review our (date) decision on the (fee agreement/fee amount). This action is not subject to further review.

I am sending copies of this letter to (names of other party(ies), including decision maker).

B. Requester Not a Proper Party – Fee Agreement or Fee Petition

I am writing about your letter asking me to review the fee amount we said (representative's name) can charge for (his/her) work under the fee (agreement/petition) with (claimant's name).

My Decision

I will not review our decision dated (date), about the fee amount under the fee (agreement/petition) for the following reasons:

• you were not involved in the decision made about the fee amount;

• you do not represent (claimant's name); and

• your rights under the Social Security program were not affected by our decision.

This action is not subject to further review. I am sending copies of this letter to (names of other parties, including decision maker).

C. Decision Maker Did Not Establish Evidence That Fee Is Excessive - Fee Agreement

I am writing you about your memorandum dated (date). You asked me to review the $(amount) fee amount we said (representative's name) can charge for (his/her) work under the fee agreement with (claimant's name).

My Decision

When the person who approved the fee agreement asks me to review the fee, (he/she) must show me that:

• the representative did not adequately represent the claimant's interest, or

• the fee is clearly too high for the representative's work on the claim(s).

You did not show me that either of these exists. (Rationale for conclusion.)

So I will not review our decision dated (date), about the fee amount.

I am sending copies of this letter to (names of other parties).