The claimant, affected auxiliary beneficiary, eligible spouse, and representative have the right to request administrative review of the amount of the fee authorized under the fee agreement process, provided they timely file the request. For more information on timeliness, see HALLEX HA 01120.044B.

The decision maker may request administrative review of the amount of the fee authorized under the fee agreement process only when there is evidence showing that:

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  The representative did not represent the claimant's interest adequately, or

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  The fee is clearly excessive in light of the services provided.

For more information about the review criteria when a decision maker is the requesting party, see HALLEX HA 01120.046A.3.

The reviewing official must:

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  Acknowledge receipt of the request for administrative review

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  Notify all other parties of the request (an entity is never a party; see HALLEX HA 01120.041B), including the decision maker if they are not the party who requested administrative review; and

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  Afford the other parties 15 days after receiving the acknowledgement to submit a written response to the request for administrative review.

See HALLEX HA 01120.046C for guidance on the notice content.

The reviewing official must notify the effectuating component(s) that SSA has received a request for administrative review of the fee agreement.

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  For Title II and concurrent claims, the effectuating component is the processing center (PC) as defined in HALLEX HA 01120.002D. See HALLEX HA 01120.096 for jurisdictional PC contact information.

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  For Title XVI claims, the effectuating component is the field office. FO contact information may be found in the DOORS application.

If a representative files a fee petition within 15 days after receiving SSA's notice of the fee amount authorized based on an approved fee agreement and asks for a higher fee than that shown in the notice, the reviewing official must notify the representative that:

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  The request cannot be processed as a fee petition because SSA has already authorized a fee based on the fee agreement and, as provided in section 206(a) of the Act, the two fee processes are mutually exclusive; and

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  The fee petition will be deemed a request for administrative review of the fee amount based on an approved fee agreement and processed in accordance with this section and not as a request for a fee under the fee petition process.

If the party requesting review is a proper party and filed a timely request (or filed late with good cause), and the reviewing official determines the fee agreement meets the statutory requirements for approval and no exceptions apply (see HALLEX HA 01120.046E), the reviewing official generally will review the amount of the fee authorized under the fee agreement process and either affirm or modify the fee. See HALLEX HA 01120.047 for guidance on determining the fee amount on review.

The reviewing official or staff must issue a notice of the action taken on administrative review to:

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  The claimant, any affected auxiliary beneficiary (except those who reside with the claimant), or eligible spouse;

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  The representative; and

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  The decision maker, when they requested review or commented on the review.

The reviewing official or staff will send notices to the last known addresses of the parties. The notice will inform the parties that the determination is not subject to further review. See HALLEX HA 01120.048 for more information about the notice.