An affected auxiliary beneficiary is a beneficiary who has benefited from the representative's services to the claimant who appointed the representative. References to the "affected auxiliary beneficiary" as a party include any person authorized to act on the beneficiary's behalf, e.g., parent or legal guardian.

A claimant is any individual whose asserted rights under Titles II or XVI are or may be affected by our determination or decision. As used throughout this subchapter, the term includes a beneficiary. References to the “claimant” as a party include any person authorized to act on the claimant's behalf, e.g., parent or legal guardian.

Entity is any business, firm, or other association, including but not limited to partnerships, corporations, for-profit organizations, and not-for-profit organizations (see 20 CFR 404.1703 and 416.1503). A representative can assign their direct payment of an authorized fee to an eligible entity per GN 03920.021, Assignment of Direct Payment of Authorized Fees to an Entity. An entity is never a party to the fee authorization.

The initial fee authorizationis the initial fee determination made by a fee authorizer. We send notice of this initial fee authorization to the representative and claimant communicating the fee we authorize the representative to charge and collect for their services and informing them of the right to request administrative review. Fee authorization documents in the fee petition process include the following:

• •

  Form SSA-1560A (Authorization to Charge and Collect a Fee), see GN 03905.085, or

• •

  Fee-Authorization to Charge/Collect Fee (AUTHFEE) (available to fee authorizers in the Office of Hearings Operations (OHO) and Office of Appellate Operations (OAO) only).

A non-requester is a person who is a party to the authorization of the representative's fee, but who did not request administrative review under the fee petition process.

A POC is an individual who is registered as a representative and is selected by an entity to speak and act on the entity’s behalf and who assumes the affirmative duties and obligations we prescribe. See GN 03920.021C for more information on the role of a POC. In the limited circumstances described in GN 03930.020A, a POC may file a fee petition, submit a request for administrative review, or comment on a request on behalf of a deceased representative who performed services before us. In these circumstances, the POC may become a party to the fee authorization in the place of the deceased representative and obtain direct payment of any authorized fee for their eligible entity.

A representative is a person, either an attorney or a non-attorney, who meets the qualifications shown in GN 03910.020 and whom the claimant appointed in writing to act on their behalf in pursuing a claim or asserted right before us. For a complete definition of “representative,” see 20 CFR 404.1703 and 416.1503.

A requester is the person who requested administrative review under the fee petition process.

A reviewer is the reviewing official who has been delegated authority to conduct administrative review. “Processing Center (PC) reviewer” refers to a reviewing official below the hearing level.

We conduct administrative review of a fee authorized under the fee petition process only upon receipt of a written request filed by a proper party. We do not conduct administrative review on our own initiative (i.e., at the request of an initial decision maker).

Only a party to the initial fee authorization under the fee petition process may request administrative review. The proper parties may include the claimant, any affected auxiliary beneficiary, an eligible spouse, or the representative. In the limited circumstances described in GN 03930.020A, a POC or another individual who filed a fee petition on behalf of the representative is a party to the initial fee authorization and may request administrative review of that initial authorization.

A proper party must file their request for administrative review in writing with one of our offices, ideally with the component that has jurisdiction to consider the request (see GN 03950.005 and GN 03950.010A.5). We will accept any written request from a proper party. For convenience, any proper party may use Form SSA-795 (Statement by Claimant or Other Person) to request administrative review.

A requester seeking administrative review must file the request with us within 30 days after the date of the initial fee authorization notice. If a requester files the request more than 30 days after the date of the notice, the requester must state, in writing, why they did not file it on time. In such cases, the reviewing official will conduct administrative review only if they determine that there was good cause for the late filing.

1. a. 

   Administrative review under the fee petition process in § 206(a)(1) of the Social Security Act (the Act) involves an independent review of the initial fee authorization. Only the proper parties listed earlier in GN 03950.001C.2 have the right to request administrative review.

2. b. 

   Only an authorized reviewing official who did not make the initial fee authorization can conduct the review.

Our determination on administrative review under the fee petition process is final and binding. There is no further administrative or judicial review of this determination.