An individual may contact us and ask questions about the fee that was authorized. We must not confuse a request for information with a request for administrative review. For example, an inquiry from a representative may reference the amount authorized but clearly show that the representative is trying to understand the fee authorization process. When it is unclear whether the correspondence is a request for administrative review, the office charged with responsibility for conducting the administrative review will contact the requester to obtain a clarification (see GN 03950.015B.1).

Only a proper party as described in GN 03950.001C.2, may request administrative review.

Proper parties include:

• •

  The representative who was authorized a fee based on the fee petition;

• •

  The claimant;

• •

  Any auxiliary beneficiary who is responsible for paying the representative's authorized fee; and

• •

  In the limited circumstance described in GN 03930.020A when an entity’s point of contact (POC) or another individual may file a fee petition, the POC or the other individuals listed in GN 03930.020A.

A request for administrative review must meet the following two requirements:

• •

  Be in writing; and

• •

  Clearly express an intent to request review of an initial fee authorization. Such an intent is generally expressed by a request to raise or lower the initial fee amount authorized or an objection to the fee authorization.

A party must file a request for administrative review within 30 days after the date of the initial fee authorization notice.

If the party files a request for administrative review more than 30 days after the date of the notice, the party must explain in writing why they did not file the review on time.

When the request is not filed timely, the reviewing official (see GN 03950.005) will conduct administrative review only if they determine that there was good cause for not filing the request on time (see GN 03950.020 for instructions about considering late requests).

A party is encouraged to send the request for administrative review to the component with jurisdiction to review (see GN 03950.005). In general, the reviewing component's address is shown on the initial fee authorization notice. A party may also file the request for administrative review with any other office.

If the Teleservice Center (TSC) or other office receives an oral inquiry and, after verifying the identity of the caller, determines that the caller is protesting the authorized fee or requesting administrative review under the fee petition process, the receiving component staff will:

• •

  Advise the caller that they must submit their request for administrative review in writing within 30 days of the date of the notice, and as applicable, provide an explanation for late filing. Further inform the caller that they must explain their reasons for seeking review in that request.

• •

  Inform the caller that they may use Form SSA-795, which is available for download at https://www.ssa.gov/forms/, to submit their request. Explain that use of this form is optional, and we will accept any written request.

• •

  Advise the caller to mail their completed written request to the address of the reviewing office or official listed on the notice they received (see GN 03950.005 for jurisdictional information).

• •

  Explain to the caller that, once the reviewing official receives the request for administrative review, the reviewing official will send them a confirmation notice and explain what happens next.

• •

  If the caller needs assistance submitting their request, offer to send a copy of Form SSA-795 to the caller with a courtesy return envelope addressed to the reviewing component. Ask the caller to read the name and address of the reviewing official listed on the fee agreement determination or fee authorization for inclusion on the return envelope (see GN 03950.005 for jurisdictional information). Advise the caller to promptly complete, sign, and return the form.

• •

  If the caller needs additional assistance, advise them to visit their local field office (FO) where staff can assist in completing the request. Explain that they can find their local FO online at https://www.ssa.gov/locator/. If needed, provide the caller the address and contact information for their local FO using the DOORS application.

If a field office (FO) or processing center (PC) receives a written request for administrative review under the fee petition process and it is not the component with jurisdiction to conduct the administrative review, they will take the following actions:

1. a. 

   Ensure the date we received the request is documented.

2. b. 

   If there is an eView record, upload the request to the B section of eView using WorkTrack or another method and to Evidence Portal. If there is no eView record, upload the request to Evidence Portal only.

3. c. 

   Notify by email the component with jurisdiction to conduct the administrative review that the request has been uploaded, and include a copy of the request as an attachment. Use a read receipt to confirm proper notification by email. To contact a PC use the appropriate control mailbox in HALLEX I-1-2-96. Instructions for obtaining contact information of reviewing officials at the hearings or appeals levels can be found in GN 03950.010 B.4. (See GN 03950.005 for jurisdictional information).

If an OHO office or OAO receives a request for administrative review under the fee petition process and it is not the component with jurisdiction to conduct the administrative review, they will follow the instructions in HALLEX I-1-2-64A.

To contact the reviewing official for fee authorizations made at the hearing or appeals levels, proceed as follows:

1. a. 

   If the reviewing official is the Regional Chief Administrative Law Judge (RCALJ) who has jurisdiction over claimant’s hearing office, contact the RCALJ’s office. See the OHO Fee Contacts directory for more information.

2. b. 

   If the reviewing official is the Deputy Chief ALJ or the Chief ALJ, contact the Office of the Chief Administrative Law Judge (OCALJ) at |||OHO OCALJ DFP.

3. c. 

   If the reviewing official is the OAO Executive Director or designee, contact the Attorney Fee Branch (AFB) within OAO at ^DCARO OAO ATTY FEE BR.