I-1-2-62.Fee Petition Administrative Review Requested — Initial Procedures

Last Update: 12/9/24 (Transmittal I-1-108)

A. Begin Processing - Initial Support Staff Actions

When the request for administrative review is received, the Office of Hearing Operations (OHO) or the Office of Appellate Operations (OAO) staff will:

  1. Date the request with the date received;

  2. Ensure that the eView record or the official folder in the Electronic Non-Medical (ENM) application contains the following:

    • The decision,

    • The exhibit list,

    • The hearing recording,

    • The notice of award or other benefit information,

    • The fee petition,

    • The fee authorization, and

    • Any other documents or information that might be helpful in performing the administrative review; and

  3. Review Hearings, Appeals, and Litigation Law (HALLEX) manual I-1-2-61 E to determine the proper reviewing official and email notification of the request to them. Then notify the processing center (PC) responsible for releasing the fee if the representative has requested direct payment or assigned direct payment of the fee to an entity (see HALLEX I-1-2-96 for PC email addresses). This action may prevent release of the representative payment and excess withholding if it has not already occurred.

NOTE:

If there is no associated eView or ENM folder, scan the request, and email notification with the attached request to the reviewing official. As necessary, provide the reviewing official with a copy of the material listed in HALLEX I-1-2-62 A.2., above.

B. Conduct Administrative Review - Reviewing Official's Actions

The Regional Chief, Deputy Chief or Chief Administrative Law Judge, or the OAO Deputy Executive Director or designee, as appropriate, will follow these steps in conducting administrative review:

  1. Determine if:

    • The inquiry is a request for administrative review under the fee petition process;

    • The request was filed by a proper party (see HALLEX I-1-2-63 A);

    • The request was filed within 30 days after the original fee authorization notice date or the requester has established good cause for not filing the request timely (see 20 CFR 404.1720(d) and 416.1520(d) for guidance on evaluating good cause);

    • The request includes other issues, and if so, who has jurisdiction to process the request; and

    • The requester sent a copy of the review request to the other parties. If not, send them a copy.

  2. Acknowledge receipt of the request for administrative review and notify all other parties of the request. Allow 15 days for parties to submit written information responding to the request (see HALLEX I-1-2-64 for guidance on sending the acknowledgment letter).

  3. If the request was filed timely (or good cause for late filing is established) by a proper party, review the determination of the fee amount initially authorized, and determine whether it was a reasonable fee for the services provided the claimant, based on the factors outlined in HALLEX I-1-2-57. The reviewing official will either increase, decrease, or affirm the fee initially authorized.

  4. Issue notice of the determination of administrative review (see HALLEX I-1-2-65 for information on the determination notice).