BASIC (03-95)

GN 03950.030 Acknowledgment or Interim Letters to the Parties (Step Three) - Administrative Review - Fee Petition Process

A. Policy

1. Acknowledging the Request for Review

SSA sends a letter to the party who requested administrative review acknowledging receipt of the request. The notice informs the requester that SSA will notify the other party(ies) to the initial fee authorization that he or she has requested review. SSA also notifies the requester that the other party(ies) will be given the opportunity to comment on his or her request for review.

2. Informing Other Parties of the Request

SSA informs the other party(ies) to the initial fee authorization that the requester filed for administrative review of the amount of the fee. The notice affords the other party(ies) the opportunity to comment on or submit written information about the request.

3. Parties to the Initial Fee Authorization

Parties to authorization of the amount of the fee under the fee petition process include:

  • the claimant;

  • any auxiliary beneficiary(ies) who would share in payment of the fee, as explained in GN 03920.035A.; and

  • the representative.

4. Interim Letters

SSA sends interim letters to the parties to:

  • request, if necessary, comments concerning good cause statements;

  • inform them of additional information received and their right to comment; and

  • follow-up on requested information.

B. Procedure

1. Acknowledgment Providing Notice to the Requester

  1. Prepare a letter, using the models in GN 03950.055 as a guide, informing the requester that you:

    • received his or her request for administrative review;

    • are notifying the other party(ies) about the request; and

    • will give the other party(ies) the opportunity to comment or submit additional information.

  2. Also include the following, when appropriate, if the requester filed timely or has shown good cause for late filing:

    • a request for any further information needed to resolve issues discovered on preliminary review; and

    • an explanation of the fee authorizing process (when the request for administrative review is based on a misunderstanding of the fee provisions of the Act). Such an explanation is especially beneficial in situations when additional information is sought from the requesting party, because it tells the requester why further information is needed and how SSA will use it.

2. Providing Notice to the Other Parties

  1. Prepare letters, using the models in GN 03950.055 as a guide, informing the other party(ies) of the request for administrative review; and that they may, within 15 days, comment in writing and submit relevant information.

  2. If the representative filed the request for administrative review, advise the other party(ies) that he or she may have to pay the representative more money, if the fee is increased on administrative review.

  3. Enclose a copy of the request for administrative review with the letter to the other party(ies). (Also see GN 03950.040A.3. concerning Privacy Act considerations.)

  4. Diary the case for 30 days.

  5. When the diary matures, either:

    • follow-up for information you requested but have not received; or

    • complete the administrative review.

3. Interim Letters

  1. If you decide the other party(ies) may have information concerning a requester's good cause statement, prepare a letter informing them of the good cause allegation and that they may, within 15 days, comment in writing and submit relevant information (see GN 03950.060).

  2. If you receive additional material from either the requester or non-requester and you believe the other party(ies) may have information concerning this material, prepare a letter informing them of the new material, and that they may, within 15 days, comment in writing, and submit relevant information.

  3. If necessary, follow-up on any additional information you requeste