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:
•
For hearing level decisions, the RCALJ who has
jurisdiction over the ALJ or a designee; or
•
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:
•
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;
•
Send a copy of the order disapproving the fee agreement
to the representative with a cover letter;
•
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;
•
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
•
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
01120.053 A, 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 applicable
systems.
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 the applicable system. .
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:
•
Neither the claimant nor representative has submitted a
request for review of the approval of the fee agreement;
•
The PC or FO has not submitted a protest of the fee
agreement approval;
•
The representative has not submitted a fee petition;
and
•
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.