If a PC or FO authorizer refers a case to OHO or the AFB because they believe the decision maker incorrectly approved a fee agreement, the following individuals have authority to review the issue:
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For hearing level decisions, the RCALJ who has jurisdiction over the ALJ or a designee; or
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For AC decisions, the OAO Deputy Executive Director or designee.
Within 30 days, the RCALJ or OAO Deputy Executive Director or one of their designees will review the disputed action to determine whether the agreement meets the provisions in section 206(a)(2)(A) of the Act (and is not excepted from the fee agreement process). These procedures are set forth in HALLEX HA 01120.012.
If the OHO or OAO reviewing official concludes the decision maker incorrectly approved a fee agreement, they will:
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Issue an order to the claimant disapproving the fee agreement, advising that if the representative intends to charge and collect a fee, they must file a fee petition;
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Send a copy of the order disapproving the fee agreement to the representative with a cover letter;
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Advise the claimant and representative that they may request review of the disapproval of the fee agreement within 15 days of receipt of the notice;
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If there is a valid assignment as described in POMS GN 03920.021, send a copy to the entity's point of contact (POC); and
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Send notification that a copy of the corrective action is available in the claim(s) file or the Online Retrieval System (ORS) to the respective PC or FO and the decision maker who signed the prior order (see HALLEX HA 01120.096 for a list of PC email addresses).
In the limited circumstances described HALLEX HA 01120.053A, the POC is the only individual able to submit a fee petition. Failure to provide a copy of the notice described above to the POC may frustrate the POC's effort to file a timely fee petition or notice of intent and cause SSA to fail to withhold past-due benefits for direct payment of the representative's fee to the entity.
Staff will use the appropriate order template in the Fee Action Tracking System (FAcTS) or Hearings and Appeals Case Processing System (HACPS) in OHO or the Office of Appellate Operations Case Processing System (OAOCPS) in OAO as needed.
If the OHO or OAO reviewing official affirms the fee agreement approval, they will advise the PC or FO by memorandum to process the representative's fee under the fee agreement process. Staff will use the appropriate memorandum template in HACPS or OAOCPS as needed.
If OHO personnel become aware that a fee agreement was erroneously approved, the ALJ who issued the decision may issue an amended fee order disapproving the fee agreement if:
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Neither the claimant nor representative has submitted a request for review of the approval of the fee agreement;
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The PC or FO has not submitted a protest of the fee agreement approval;
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The representative has not submitted a fee petition; and
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The fee agreement approval was issued within the previous 15 days.
If all four conditions are not met, the ALJ or OHO staff must notify the RCALJ. The RCALJ will then take the steps in HALLEX HA 01120.049B above, as if they had received a protest memo from the effectuating component.
If staff in OAO becomes aware of a fee agreement they believe was erroneously approved, they will notify the AFB. The OAO reviewing official will then take the steps in HALLEX HA 01120.049B above, the same as if they had received a protest memo from the effectuating component.