Background

The Office of Appellate Operations (OAO) has revised the delegation of authority to conduct administrative review at the Appeals Council (AC) level of the amount of a representative's fee authorized based on a fee agreement approved by an administrative appeals judge (AAJ). As a result, we have revised HALLEX section I-1-2-44 to explain that, when the claimant, affected auxiliary beneficiary, eligible spouse, or representative requests review of the fee amount authorized, the designated reviewing official is now the Deputy Chair of the AC.

We have revised the title of this section from Administrative Review of the Fee Amount Determined Under a Fee Agreement – Overview to Administrative Review of the Fee Authorized Under the Fee Agreement Process – Overview. We made revisions to reflect that an attorney advisor may be the decision maker or the reviewing official and that an eligible spouse in a title XVI case may request administrative review of the amount of the fee authorized based on an approved fee agreement. We have also reorganized other material in this section and have made editorial revisions.

Explanation of Content and Changes

I-1-2-44 A: We changed the heading to “Who May File a Request for Administrative Review of the Fee Authorized Under the Fee Agreement Process,” and reorganized material to explain how a claimant, affected auxiliary beneficiary, eligible spouse, representative, and decision maker request review. The NOTE in subsection A was moved to new sub- subsection D.3.; examples previously in subsection D were relocated to sub-subsection A.2.

I-1-2-44 B: We relocated existing material previously in subsection A to create new subsection B, entitled “Time Limit for Filing a Request for Administrative Review.”

I-1-2-44 C: Previously subsection B, we changed the heading to “C. Designated Reviewing Official,” made minor clarifications to the Hearing Level chart, and reorganized existing information under a NOTE. We revised the Appeals Council Level chart to reflect the transfer of authority to conduct administrative review of fees authorized based on a fee agreement approved by an AAJ from OAO's Attorney Fee Officer in the Attorney Fee Branch to the Deputy Chair of the AC.

I-1-2-44 D: Previously subsection C, we reorganized the content of the subsection, now entitled “D. Preliminary Actions by Reviewing Official,” under two subheadings: “1. Informing the Parties” and “2. Notifying Effectuating Components.” We also moved the content of a NOTE previously in subsection A under a third subheading: “3. Notifying a Representative Who Filed a Fee Petition After SSA Authorized a Fee Under the Fee Agreement Process.”

I-1-2-44 E: Previously subsection D, we reorganized existing material under subsection E, now entitled “Reviewing Official's Action on Review of the Fee Amount,” and deleted redundant information covered in subsection A.

I-1-2-44 F: Previously subsection E, we reorganized existing material under subsection F and made a minor revision to the heading, which is now “Review of the Authorized Fee in Concurrent Titles II and XVI Claims or When There Are One or More Affected Title II Auxiliary Beneficiaries or There Is an Eligible Spouse.” In sub- subsections F.1.b. and F.1.c. respectively, we added considerations applicable in title II claims involving one or more auxiliary beneficiaries and title XVI claims involving an eligible spouse. We also expanded what is now sub-subsection F.3. to include eligible spouses in title XVI cases.

I-1-2-44 G: Previously subsection F, we made minor revisions to the heading, which is now “G. Notice of Action on Administrative Review,” and to the text.

Date: April 24, 2013