Effective Dates: 09/11/2026 - Present Previous | Next

Last Update: 2026-09-11 TN-011-115)

HA 01120.046 Administrative Review of the Amount of the Fee Under the Fee Agreement Process — Procedures

A. Examine the File and Request for Administrative Review

1. Authority to Conduct Administrative Review

The receiving component will determine who has the authority to act on the request for administrative review (see Hearings, Appeals, and Litigation Law (HALLEX) manual HA 01120.006B.4.).

If the receiving component has the authority to conduct the administrative review, the reviewing official will proceed with development and review.

If the receiving component does not have the authority to conduct the administrative review, the receiving component must refer the request to the individual or component delegated with the authority to conduct the review by ensuring the date the request was received is documented and:

  • •

    If there is an associated eView or Electronic Non-Medical Application (ENM) record, the receiving component must upload the request to the B section of the claim(s) file, and email notification of the uploaded request to the component or individual delegated the authority to conduct the review. The email will specify if the claim file is in eView or ENM.

  • •

    If there is no associated eView or ENM record, the receiving component must scan the request, and email notification with the attached request to the component or individual delegated with the authority to conduct review.

  • •

    The receiving component will use a read receipt or otherwise confirm proper notification.

a. Reviewing Official Contact Information

In all cases favorably decided below the hearings level, the Processing Center (PC) has the responsibility to conduct administrative review pursuant to the chart in Program Operations Manual System (POMS) GN 03960.005A. See HALLEX HA 01120.096 for jurisdictional PC contact information.

In all cases favorably decided at the hearings and Appeals Council (AC) levels, see HALLEX HA 01120.006B.4. for information on delegated reviewing officials with the authority to conduct the administrative review of the fee amount. If the reviewing official is the Director of Hearings In-Line Quality Review (Hearings ILQR) or a designee, in Disability Compliance, contact ^DA DICompliance Hearings ILQR Fees. If the reviewing official is a hearings-level decision maker, contact information may be found in the DOORS application.

2. Review Parties, Pertinent Documents, and Timely Filing

If the reviewing official has authority to conduct the administrative review, the reviewing official should identify:

  • •

    All parties (i.e., the claimant or the individual whom we recognize as having the authority to sign the fee agreement on the claimant's behalf, (See HALLEX HA 01120.012A), any affected auxiliary, an eligible spouse under Title XVI, the representative(s), and the decision maker);

    NOTE: 

    Refer to HALLEX HA 01120.041B, NOTE for information about the limited circumstances when an entity's point of contact (POC) may file a request for review on behalf of a deceased representative.

  • •

    The fee agreement;

  • •

    The fee agreement approval;

  • •

    The determination of the fee amount;

  • •

    Evidence showing inadequate representation or a clearly excessive fee, OR evidence of fee calculation error; and

  • •

    The issues to be resolved.

Screen the request for administrative review for:

  • •

    Timely filing;

  • •

    Proper party; and

  • •

    The need for action on any other issue(s) raised.

3. Criteria When the Decision Maker Requested Administrative Review

When a decision maker requested the administrative review, the reviewing official will decide whether evidence shows either that the representative did not represent the claimant's interest adequately or that the fee is clearly excessive in light of the services provided.

a. Decision Maker Review Criteria Met

If the evidence shows inadequate representation or a clearly excessive fee, the reviewing official should proceed with development or review.

Examples:

  1. 1. 

    The representative delayed the claim(s) by procedural missteps or by repeatedly requesting extensions of time to submit readily available information or evidence. However, a hearings-level decision maker issued a fully favorable decision on the claim and approved the fee agreement, which allowed the maximum amount under the current statutory fee cap. The reviewing official will proceed with conducting the administrative review because the representative may not have provided adequate representation.

  2. 2. 

    The claimant was unrepresented at the hearing. Two days before the hearings-level decision maker issues a favorable decision on his case, the Social Security Administration (SSA) received the representative's Form SSA-1696 and fee agreement. The decision maker approved the fee agreement, which allowed for a fee of 25 percent of past-due benefits, or $8,000. The reviewing official will proceed with conducting the administrative review on the $8,000 fee that resulted from the approved agreement, to determine if it was clearly excessive. It may be considered clearly excessive, if, for example, the file or information provided by the parties shows the representative only interviewed the claimant and submitted an appointment of representative and a fee agreement in connection with this claim.

NOTE: 

If the decision maker raises issues of potential representative misconduct or another possible violation by the representative, see HALLEX HA 01110.040 for rules governing the conduct of representatives and HALLEX HA 01110.050 for information on referring a suspected violation. If fraud or criminal behavior is suspected, see HALLEX HA 01130.006.

b. Decision Maker Review Criteria Not Met

If the evidence does not show inadequate representation or a clearly excessive fee and there is no clear clerical error, the reviewing official will send a notice informing the decision maker that:

  • •

    There was no evidence of inadequate representation or a clearly excessive fee;

  • •

    SSA will not review the authorization; and

  • •

    The fee authorized for the representative's work in the case is final.

The reviewing official should send copies of the letter to the other parties and take no further action on the request.

Staff should use an appropriate notice template in the applicable systems.

c. Evidence Shows Clerical Error Only

If the reviewing official does not find evidence of inadequate representation or a clearly excessive fee, but there is a clear clerical error involved, the reviewing official should send a notice informing the decision maker that:

  • •

    There was no evidence found of inadequate representation or a clearly excessive fee;

  • •

    SSA will not review the fee authorization;

  • •

    The effectuating component was notified that a clear clerical error has been made; and

  • •

    The effectuating component will release a corrective notice(s) with new administrative review rights.

The reviewing official will send copies of this notice to the other parties and notify the effectuating component(s) of the need for corrective action (see HALLEX HA 01120.044D.2. for effectuating component information).

Because of Privacy Act considerations, do not reveal any Privacy Act protected information (personally identifiable information or PII) without applicable disclosure authority (e.g., consent, routine use, etc.), including:

  • •

    The claimant's mailing address, Social Security number (SSN), or beneficiary notice control (BNC) number which may be included in copies of a letter addressed to the claimant, or the claimant's request for administrative review, sent to a party other than the claimant's representative or the decision maker.

  • •

    The auxiliary beneficiary's mailing address or SSN, which may be included in copies of a letter addressed to the beneficiary, or the beneficiary's request for administrative review, sent to a party other than that beneficiary's representative or the decision maker.

In these situations, the address or any other protected information must be redacted before mailing.

B. Initiate Additional Development

1. Request Not Timely Filed

If the requester, other than a decision maker (see NOTE below), did not provide a reason(s) for late filing (see HALLEX HA 01120.041C), the reviewing official must request an explanation.

The reviewing official must ask for a response within 15 days of receiving the request for an explanation and diary the case for 30 days. If the reviewing official does not receive an explanation at the end of 30 days, the reviewing official should proceed with additional development, if necessary, or send the letter described in HALLEX HA 01120.046C.2., below.

NOTE: 

If a decision maker does not timely request administrative review, the reviewing official will not review the fee authorization unless the decision maker submits, with the request, information that establishes good cause for late filing (See POMS GN 03960.25A.1. for additional related guidance).

2. Issues with Calculation of Fees

If the party requesting review has objected to the calculation of the fee under the agreement or the amount of the past-due benefits or there is an apparent error in the calculation shown in the notice of the fee amount, the reviewing official must request the following information, as relevant, from the processing center (PC) or the field office (FO):

  • •

    Completed form SSA-1129, Representative Fee Case Past-due Benefit Summary, in Title II cases;

  • •

    An explanation of proration of withheld past-due benefits, if there are one or more auxiliary beneficiaries living in a household separate from the claimant;

  • •

    Supplemental Security Income Display (SSID), with the complete computation history, or the manually completed computation form in a Title XVI claim; and

  • •

    A brief narrative explanation if an unusual situation is involved or the reviewing official anticipates difficulty following the computation.

3. Concurrent Titles II and XVI Claims Involved

The reviewing official must ascertain whether SSA has determined the total fee for all services under the fee agreement when the request involves concurrent Title II and Title XVI claims involving a common issue or one or more delayed affected auxiliaries. If SSA has not determined the total fee, the reviewing official will:

  • •

    Contact the effectuating component (see HALLEX HA 01120.044D.2.) and ask for an expeditious fee determination, with notice to all parties and to the reviewing official.

  • •

    Notify the parties when acknowledging receipt that review cannot be conducted until SSA determines the total fee.

  • •

    Diary the request for 30 days to obtain notice of the fee determination, unless the effectuating component indicates that outstanding development will require a longer diary period. If the reviewing official does not receive notice of the total fee at the end of the diary period, the reviewing official will send a written follow-up to the module manager in the PC or the office manager in the FO.

Example:

In a concurrent case favorably decided at the hearings level, the claimant timely requests administrative review of the Title II fee amount, which is less than the statutory fee cap. However, the field office has not yet calculated the past-due benefits on the Title XVI claim. Hearings staff contacts the FO and asks for action to set the Title XVI fee and to send the reviewing official a copy of the fee notice. At the same time, the reviewing official informs the claimant and representative in the notice acknowledging receipt of the request for administrative review that the reviewing official will conduct the review after the field office determines the Title XVI fee. The staff then diaries the request for receipt of the Title XVI fee notice.

C. Provide Notice of the Request for Administrative Review

The reviewing official will prepare a notice of the request for administrative review.

1. Timely Filed Request or Untimely Request with Good Cause Shown

The reviewing official will prepare a notice to the requesting party that contains the following information:

  • •

    Confirmation of the receipt of the request;

  • •

    For untimely requests where good cause is found, a brief explanation of the good cause finding;

  • •

    An explanation that the other parties will receive notice of the request for administrative review and that they will be given the opportunity to comment or submit additional information; and,

  • •

    If appropriate, an explanation that review will not be conducted until SSA has determined the total fee under the fee agreement.

The reviewing official will prepare letters informing the other parties:

  • •

    Who requested administrative review;

  • •

    That they may, within 15 days of receiving the notice, comment in writing and submit relevant information; and

  • •

    If appropriate, that review will not be conducted until SSA has determined the total fee under the fee agreement.

The reviewing official will enclose copies of the request for administrative review. Because of Privacy Act considerations, the reviewing official must not reveal any Privacy Act protected information (PII) without applicable disclosure authority (e.g., consent, routine use, etc.) including:

  • •

    The claimant's mailing address, SSN, or BNC number, which may be included in copies of a letter addressed to the claimant or the claimant's request for administrative review, sent to a party other than the claimant's representative or the decision maker.

  • •

    The auxiliary beneficiary's mailing address or SSN, which may be included in copies of a letter addressed to the beneficiary, or the beneficiary's request for administrative review, to a party other than that beneficiary's representative or the decision maker.

In these situations, the address and any other protected information must be redacted before mailing.

The reviewing official must send the notices and enclosures and diary the case for 30 days.

2. Late Request without Good Cause or Request by Improper Party

If the request was not timely filed and the reviewing official did not find good cause for the late filing based on the explanation provided with the request for administrative review or during development (see HALLEX HA 01120.041C), or the request was not filed by a proper party (e.g. it was filed by an entity or its point of contact when the limited circumstance described in HALLEX HA 01120.041B do not apply), the reviewing official must prepare a notice telling the requester:

  • •

    The reason(s) for deciding that the requester did not show good cause or that the requester is not a proper party; and

  • •

    That SSA will not act on the request for administrative review of the determination for that reason.

D. Follow up for Requested Information

After the 30-day diary has expired, the reviewing official should follow up for any additional information requested but not received. The reviewing official will notify the party that if the requested evidence is not received within 15 days of receiving the notice, the reviewing official will make a determination on the request for administrative review based on the information in the file. Diary the case for another 30 days. When the office receives the information or when the diary expires, the reviewing official will proceed with the process described in HALLEX HA 01120.046E, below.

E. Review the Fee Agreement Approval

1. Decision Maker's Approval Determination was Correct

The reviewing official will review the decision maker's fee agreement approval to determine if the approval was correct. See HALLEX HA 01120.043E for evaluation considerations. If the decision maker's approval determination was correct, the reviewing official will proceed with determining the fee amount (see HALLEX HA 01120.047).

2. Decision Maker's Approval Determination Was Incorrect

a. Initial Actions

In the notices acknowledging the request for review (see HALLEX HA 01120.046C, above), the reviewing official will explain to the parties that:

  • •

    The reviewing official plans to disapprove the fee agreement and why; and

  • •

    The parties may, within 15 days of receiving the notice, comment in writing and submit relevant information.

The reviewing official will diary the case for 30 days.

When the diary period expires or when all parties have commented, the reviewing official will decide whether the decision maker's approval determination was correct, considering the fee agreement, comments, and relevant information received.

b. Reviewing Official Determines Fee Agreement Incorrectly Approved

The reviewing official will proceed as described in HALLEX HA 01120.043F, modifying the notice to reflect the initial fee agreement approval.

The reviewing official will enclose Form SSA-1560, Petition for Authorization to Charge and Collect a Fee for Services Before the Social Security Administration, and notify the representative that he or she must file a fee petition to request approval of any fee the representative want to charge and collect (See HALLEX HA 01120.001C).

In a case involving withheld past-due benefits, the reviewing official must inform a representative who is eligible to receive direct payment that within 60 days he or she must file the fee petition or file a written notice of the intent to do so in order for the representative or entity with a valid assignment to receive direct payment from the claimant's withheld past-due benefits.

NOTE: 

If the representative has validly assigned direct payment of any fee to an entity, and we receive information or discover that the representative has died, send a copy of this notice to the entity's POC. In these limited circumstances, the POC is the only individual able to submit a fee petition. See HALLEX HA 01120.053A for more information. Failure to provide notice 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.

Last Update: 2026-09-11 TN 011-115

HA 01120.046 Administrative Review of the Amount of the Fee Under the Fee Agreement Process — Procedures

A. Examine the File and Request for Administrative Review

1. Authority to Conduct Administrative Review

The receiving component will determine who has the authority to act on the request for administrative review (see Hearings, Appeals, and Litigation Law (HALLEX) manual HA 01120.006B.4.).

If the receiving component has the authority to conduct the administrative review, the reviewing official will proceed with development and review.

If the receiving component does not have the authority to conduct the administrative review, the receiving component must refer the request to the individual or component delegated with the authority to conduct the review by ensuring the date the request was received is documented and:

  • •

    If there is an associated eView or Electronic Non-Medical Application (ENM) record, the receiving component must upload the request to the B section of the claim(s) file, and email notification of the uploaded request to the component or individual delegated the authority to conduct the review. The email will specify if the claim file is in eView or ENM.

  • •

    If there is no associated eView or ENM record, the receiving component must scan the request, and email notification with the attached request to the component or individual delegated with the authority to conduct review.

  • •

    The receiving component will use a read receipt or otherwise confirm proper notification.

a. Reviewing Official Contact Information

In all cases favorably decided below the hearings level, the Processing Center (PC) has the responsibility to conduct administrative review pursuant to the chart in Program Operations Manual System (POMS) GN 03960.005A. See HALLEX HA 01120.096 for jurisdictional PC contact information.

In all cases favorably decided at the hearings and Appeals Council (AC) levels, see HALLEX HA 01120.006B.4. for information on delegated reviewing officials with the authority to conduct the administrative review of the fee amount. If the reviewing official is the Director of Hearings In-Line Quality Review (Hearings ILQR) or a designee, in Disability Compliance, contact ^DA DICompliance Hearings ILQR Fees. If the reviewing official is a hearings-level decision maker, contact information may be found in the DOORS application.

2. Review Parties, Pertinent Documents, and Timely Filing

If the reviewing official has authority to conduct the administrative review, the reviewing official should identify:

  • •

    All parties (i.e., the claimant or the individual whom we recognize as having the authority to sign the fee agreement on the claimant's behalf, (See HALLEX HA 01120.012A), any affected auxiliary, an eligible spouse under Title XVI, the representative(s), and the decision maker);

    NOTE: 

    Refer to HALLEX HA 01120.041B, NOTE for information about the limited circumstances when an entity's point of contact (POC) may file a request for review on behalf of a deceased representative.

  • •

    The fee agreement;

  • •

    The fee agreement approval;

  • •

    The determination of the fee amount;

  • •

    Evidence showing inadequate representation or a clearly excessive fee, OR evidence of fee calculation error; and

  • •

    The issues to be resolved.

Screen the request for administrative review for:

  • •

    Timely filing;

  • •

    Proper party; and

  • •

    The need for action on any other issue(s) raised.

3. Criteria When the Decision Maker Requested Administrative Review

When a decision maker requested the administrative review, the reviewing official will decide whether evidence shows either that the representative did not represent the claimant's interest adequately or that the fee is clearly excessive in light of the services provided.

a. Decision Maker Review Criteria Met

If the evidence shows inadequate representation or a clearly excessive fee, the reviewing official should proceed with development or review.

Examples:

  1. 1. 

    The representative delayed the claim(s) by procedural missteps or by repeatedly requesting extensions of time to submit readily available information or evidence. However, a hearings-level decision maker issued a fully favorable decision on the claim and approved the fee agreement, which allowed the maximum amount under the current statutory fee cap. The reviewing official will proceed with conducting the administrative review because the representative may not have provided adequate representation.

  2. 2. 

    The claimant was unrepresented at the hearing. Two days before the hearings-level decision maker issues a favorable decision on his case, the Social Security Administration (SSA) received the representative's Form SSA-1696 and fee agreement. The decision maker approved the fee agreement, which allowed for a fee of 25 percent of past-due benefits, or $8,000. The reviewing official will proceed with conducting the administrative review on the $8,000 fee that resulted from the approved agreement, to determine if it was clearly excessive. It may be considered clearly excessive, if, for example, the file or information provided by the parties shows the representative only interviewed the claimant and submitted an appointment of representative and a fee agreement in connection with this claim.

NOTE: 

If the decision maker raises issues of potential representative misconduct or another possible violation by the representative, see HALLEX HA 01110.040 for rules governing the conduct of representatives and HALLEX HA 01110.050 for information on referring a suspected violation. If fraud or criminal behavior is suspected, see HALLEX HA 01130.006.

b. Decision Maker Review Criteria Not Met

If the evidence does not show inadequate representation or a clearly excessive fee and there is no clear clerical error, the reviewing official will send a notice informing the decision maker that:

  • •

    There was no evidence of inadequate representation or a clearly excessive fee;

  • •

    SSA will not review the authorization; and

  • •

    The fee authorized for the representative's work in the case is final.

The reviewing official should send copies of the letter to the other parties and take no further action on the request.

Staff should use an appropriate notice template in the applicable systems.

c. Evidence Shows Clerical Error Only

If the reviewing official does not find evidence of inadequate representation or a clearly excessive fee, but there is a clear clerical error involved, the reviewing official should send a notice informing the decision maker that:

  • •

    There was no evidence found of inadequate representation or a clearly excessive fee;

  • •

    SSA will not review the fee authorization;

  • •

    The effectuating component was notified that a clear clerical error has been made; and

  • •

    The effectuating component will release a corrective notice(s) with new administrative review rights.

The reviewing official will send copies of this notice to the other parties and notify the effectuating component(s) of the need for corrective action (see HALLEX HA 01120.044D.2. for effectuating component information).

Because of Privacy Act considerations, do not reveal any Privacy Act protected information (personally identifiable information or PII) without applicable disclosure authority (e.g., consent, routine use, etc.), including:

  • •

    The claimant's mailing address, Social Security number (SSN), or beneficiary notice control (BNC) number which may be included in copies of a letter addressed to the claimant, or the claimant's request for administrative review, sent to a party other than the claimant's representative or the decision maker.

  • •

    The auxiliary beneficiary's mailing address or SSN, which may be included in copies of a letter addressed to the beneficiary, or the beneficiary's request for administrative review, sent to a party other than that beneficiary's representative or the decision maker.

In these situations, the address or any other protected information must be redacted before mailing.

B. Initiate Additional Development

1. Request Not Timely Filed

If the requester, other than a decision maker (see NOTE below), did not provide a reason(s) for late filing (see HALLEX HA 01120.041C), the reviewing official must request an explanation.

The reviewing official must ask for a response within 15 days of receiving the request for an explanation and diary the case for 30 days. If the reviewing official does not receive an explanation at the end of 30 days, the reviewing official should proceed with additional development, if necessary, or send the letter described in HALLEX HA 01120.046C.2., below.

NOTE: 

If a decision maker does not timely request administrative review, the reviewing official will not review the fee authorization unless the decision maker submits, with the request, information that establishes good cause for late filing (See POMS GN 03960.25A.1. for additional related guidance).

2. Issues with Calculation of Fees

If the party requesting review has objected to the calculation of the fee under the agreement or the amount of the past-due benefits or there is an apparent error in the calculation shown in the notice of the fee amount, the reviewing official must request the following information, as relevant, from the processing center (PC) or the field office (FO):

  • •

    Completed form SSA-1129, Representative Fee Case Past-due Benefit Summary, in Title II cases;

  • •

    An explanation of proration of withheld past-due benefits, if there are one or more auxiliary beneficiaries living in a household separate from the claimant;

  • •

    Supplemental Security Income Display (SSID), with the complete computation history, or the manually completed computation form in a Title XVI claim; and

  • •

    A brief narrative explanation if an unusual situation is involved or the reviewing official anticipates difficulty following the computation.

3. Concurrent Titles II and XVI Claims Involved

The reviewing official must ascertain whether SSA has determined the total fee for all services under the fee agreement when the request involves concurrent Title II and Title XVI claims involving a common issue or one or more delayed affected auxiliaries. If SSA has not determined the total fee, the reviewing official will:

  • •

    Contact the effectuating component (see HALLEX HA 01120.044D.2.) and ask for an expeditious fee determination, with notice to all parties and to the reviewing official.

  • •

    Notify the parties when acknowledging receipt that review cannot be conducted until SSA determines the total fee.

  • •

    Diary the request for 30 days to obtain notice of the fee determination, unless the effectuating component indicates that outstanding development will require a longer diary period. If the reviewing official does not receive notice of the total fee at the end of the diary period, the reviewing official will send a written follow-up to the module manager in the PC or the office manager in the FO.

Example:

In a concurrent case favorably decided at the hearings level, the claimant timely requests administrative review of the Title II fee amount, which is less than the statutory fee cap. However, the field office has not yet calculated the past-due benefits on the Title XVI claim. Hearings staff contacts the FO and asks for action to set the Title XVI fee and to send the reviewing official a copy of the fee notice. At the same time, the reviewing official informs the claimant and representative in the notice acknowledging receipt of the request for administrative review that the reviewing official will conduct the review after the field office determines the Title XVI fee. The staff then diaries the request for receipt of the Title XVI fee notice.

C. Provide Notice of the Request for Administrative Review

The reviewing official will prepare a notice of the request for administrative review.

1. Timely Filed Request or Untimely Request with Good Cause Shown

The reviewing official will prepare a notice to the requesting party that contains the following information:

  • •

    Confirmation of the receipt of the request;

  • •

    For untimely requests where good cause is found, a brief explanation of the good cause finding;

  • •

    An explanation that the other parties will receive notice of the request for administrative review and that they will be given the opportunity to comment or submit additional information; and,

  • •

    If appropriate, an explanation that review will not be conducted until SSA has determined the total fee under the fee agreement.

The reviewing official will prepare letters informing the other parties:

  • •

    Who requested administrative review;

  • •

    That they may, within 15 days of receiving the notice, comment in writing and submit relevant information; and

  • •

    If appropriate, that review will not be conducted until SSA has determined the total fee under the fee agreement.

The reviewing official will enclose copies of the request for administrative review. Because of Privacy Act considerations, the reviewing official must not reveal any Privacy Act protected information (PII) without applicable disclosure authority (e.g., consent, routine use, etc.) including:

  • •

    The claimant's mailing address, SSN, or BNC number, which may be included in copies of a letter addressed to the claimant or the claimant's request for administrative review, sent to a party other than the claimant's representative or the decision maker.

  • •

    The auxiliary beneficiary's mailing address or SSN, which may be included in copies of a letter addressed to the beneficiary, or the beneficiary's request for administrative review, to a party other than that beneficiary's representative or the decision maker.

In these situations, the address and any other protected information must be redacted before mailing.

The reviewing official must send the notices and enclosures and diary the case for 30 days.

2. Late Request without Good Cause or Request by Improper Party

If the request was not timely filed and the reviewing official did not find good cause for the late filing based on the explanation provided with the request for administrative review or during development (see HALLEX HA 01120.041C), or the request was not filed by a proper party (e.g. it was filed by an entity or its point of contact when the limited circumstance described in HALLEX HA 01120.041B do not apply), the reviewing official must prepare a notice telling the requester:

  • •

    The reason(s) for deciding that the requester did not show good cause or that the requester is not a proper party; and

  • •

    That SSA will not act on the request for administrative review of the determination for that reason.

D. Follow up for Requested Information

After the 30-day diary has expired, the reviewing official should follow up for any additional information requested but not received. The reviewing official will notify the party that if the requested evidence is not received within 15 days of receiving the notice, the reviewing official will make a determination on the request for administrative review based on the information in the file. Diary the case for another 30 days. When the office receives the information or when the diary expires, the reviewing official will proceed with the process described in HALLEX HA 01120.046E, below.

E. Review the Fee Agreement Approval

1. Decision Maker's Approval Determination was Correct

The reviewing official will review the decision maker's fee agreement approval to determine if the approval was correct. See HALLEX HA 01120.043E for evaluation considerations. If the decision maker's approval determination was correct, the reviewing official will proceed with determining the fee amount (see HALLEX HA 01120.047).

2. Decision Maker's Approval Determination Was Incorrect

a. Initial Actions

In the notices acknowledging the request for review (see HALLEX HA 01120.046C, above), the reviewing official will explain to the parties that:

  • •

    The reviewing official plans to disapprove the fee agreement and why; and

  • •

    The parties may, within 15 days of receiving the notice, comment in writing and submit relevant information.

The reviewing official will diary the case for 30 days.

When the diary period expires or when all parties have commented, the reviewing official will decide whether the decision maker's approval determination was correct, considering the fee agreement, comments, and relevant information received.

b. Reviewing Official Determines Fee Agreement Incorrectly Approved

The reviewing official will proceed as described in HALLEX HA 01120.043F, modifying the notice to reflect the initial fee agreement approval.

The reviewing official will enclose Form SSA-1560, Petition for Authorization to Charge and Collect a Fee for Services Before the Social Security Administration, and notify the representative that he or she must file a fee petition to request approval of any fee the representative want to charge and collect (See HALLEX HA 01120.001C).

In a case involving withheld past-due benefits, the reviewing official must inform a representative who is eligible to receive direct payment that within 60 days he or she must file the fee petition or file a written notice of the intent to do so in order for the representative or entity with a valid assignment to receive direct payment from the claimant's withheld past-due benefits.

NOTE: 

If the representative has validly assigned direct payment of any fee to an entity, and we receive information or discover that the representative has died, send a copy of this notice to the entity's POC. In these limited circumstances, the POC is the only individual able to submit a fee petition. See HALLEX HA 01120.053A for more information. Failure to provide notice 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.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/2501120046
HA 01120.046 - Administrative Review of the Amount of the Fee Under the Fee Agreement Process — Procedures (I-1-2-46) - 09/11/2026
Batch run: 09/11/2026
Rev:09/11/2026