An affected auxiliary beneficiary is a beneficiary, who has benefited from the representative's services to the claimant who appointed the representative. References to the "affected auxiliary beneficiary" as a party include any person authorized to act on the beneficiary's behalf, e.g., parent or legal guardian.

A claimant is any individual whose asserted rights under Titles II or XVI are or may be affected by our determination or decision. As used throughout this subchapter, the term includes a beneficiary. References to the “claimant” as a party include any person authorized to act on the claimant's behalf, e.g., parent or legal guardian.

Entity is any business, firm, or other association, including but not limited to partnerships, corporations, for-profit organizations, and not-for-profit organizations (see 20 CFR 404.1703 and 416.1503). A representative can assign their right to direct payment of an authorized fee to an eligible entity per GN 03920.021, Assignment of Direct Payment of Authorized Fees to an Entity. An entity is never a party to the fee authorization.

The initial fee determination about the fee a fee authorizer decides is reasonable for a representative’s services for a claimant before us. We send notice of this initial fee authorization to the representative and claimant communicating the fee we authorize the representative to charge and collect for their services and informing them of the right to request administrative review. Fee authorization documents in the fee petition process include the following:

• •

  Form SSA-1560A (Authorization to Charge and Collect a Fee), see GN 03905.085, or

• •

  Fee-Authorization to Charge/Collect Fee (AUTHFEE) (available to fee authorizers in the Office of Hearings Operations (OHO) and Office of Appellate Operations (OAO) only).

A non-requester is a person who is a party to the authorization of the representative's fee, but who did not request administrative review under the fee petition process.

A POC is an individual who is registered as a representative and is selected by an entity to speak and act on the entity’s behalf and who assumes the affirmative duties and obligations we prescribe. See GN 03920.021C for more information on the role of a POC. In the limited circumstances described in GN 03930.020A, a POC may file a fee petition, submit a request for administrative review, or comment on a request, of a deceased representative who performed services before us. In these circumstances, the POC may become a party to the fee authorization in the place of the deceased representative and obtain direct payment of any authorized fee for their eligible entity.

A representative is a person, either an attorney or a non-attorney, who meets the qualifications shown in GN 03910.020 and whom the claimant appointed in writing to act on their behalf in pursuing a claim or asserted right before us. For a complete definition of “representative,” see 20 CFR 404.1703 and 416.1503.

A requester is the person who requested administrative review under the fee petition process.

A reviewer is the reviewing official who has been delegated authority to conduct administrative review. “Processing Center (PC) reviewer” refers to a reviewing official below the hearing level.

We conduct administrative review of a fee authorized under the fee petition process only upon receipt of a written request filed by a proper party. We do not conduct administrative review on our own initiative (i.e., at the request of an initial decision maker).

Only a party to the initial fee authorization under the fee petition process may request an administrative review. The proper parties may include the claimant, any affected auxiliary beneficiary, an eligible spouse, or the representative. In the limited circumstances described in GN 03930.020A, a POC or another individual who filed a fee petition on behalf of the representative is a party to the initial fee authorization and may request administrative review of that initial authorization.

A proper party must file their request for administrative review in writing with one of our offices, ideally with the component that has jurisdiction to consider the request (see GN 03950.005 and GN 03950.010A.5). We will accept any written request from a proper party. For convenience, any proper party may use Form SSA-795 (Statement by Claimant or Other Person) to request administrative review.

A requester seeking administrative review must file the request with us within 30 days after the date of the initial fee authorization notice. If a requester files the request more than 30 days after the date of the notice, the requestor must state, in writing, why they did not file it on time. In such cases, the reviewing official will conduct administrative review only if they determine that there was good cause for the late filing.

• •

  Administrative review under the fee petition process in § 206(a)(1) of the Social Security Act (the Act) involves an independent review of the initial fee authorization. Only the proper parties listed earlier in GN 03950.001C.2 have the right to request administrative review.

• •

  Only an authorized reviewing official who did not make the initial fee authorization can conduct the review.

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 shows 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 administration 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 they received 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 via 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 via 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 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.

1. a. 

   Examine the party's inquiry to determine whether there is a clear request for administrative review. Do not confuse a request for reconsideration of a non-fee related issue with a request for administrative review of the initial fee authorization.

   EXAMPLES:

   • •

     Inquiry about direct payment: A non-attorney representative sends a letter questioning why we did not pay the authorized fee directly to the representative. This inquiry is not a request for administrative review. Send a letter to the representative explaining the withholding and certification provisions.

   • •

     Inquiry about assignment: An entity’s point of contact (POC) contacts your office to ask why their entity, a law firm that employed the representative, did not receive payment of the fee authorized to the representative. When you query the Registration, Appointment and Services for Representation (RASR) application, you see that the POC’s entity is on the Ineligible for Direct Payment Entity (IDPE) list. Inform the POC that the entity is ineligible for direct payment, that we paid the individual representative directly, that they should have received a notice explaining why the entity was placed on the IDPE list, and that they must resolve the issue(s) identified in that notice before we will honor any assignments to their entity.

2. b. 

   If it is unclear whether an inquiry is a request for administrative review, contact the party who made the inquiry (preferably by telephone) and, after verifying the individual’s identity, determine the party's intent.

   NOTE: If the party only wants more information or an explanation, the office that authorized the initial fee will respond to the inquiry in writing. If the inquiry was made within 30 days after the date of the initial fee authorization, give the party 30 days after the date of the new response to request administrative review.

1. a. 

   If the PC receives the written request and has jurisdiction for review, send the acknowledgment letter and refer the case to the reviewer (shown in GN 03950.005B.1.).

2. b. 

   If the PC receives the written request but does not have jurisdiction for review, PC staff will follow the instructions in GN 03950.010B.2. to refer the case to the proper reviewing component. The PC will not send the acknowledgment letter in this case. The reviewing component will acknowledge receipt.

Only the parties to a fee authorization, or certain individuals authorized to act on the parties' behalf, such as a minor claimant’s parent or legal guardian, have a right to request administrative review. See GN 03950.010A.2 for a list of proper parties who may request review.

If it is unclear whether the person who filed the request is authorized to act on a proper party’s behalf, send the acknowledgment letter and any request for information to the proper party. However, in the letter, explain to the party that:

• •

  We have received a request for administrative review from (the name of the person) on their behalf; and

• •

  They must let us know, within 15 days, whether to proceed with the review.

If the proper party does not verify that the request was filed on their behalf, deny administrative review. Send a notice to the individual who protested the fee stating that they are not a proper party, ensuring any claimant information (e.g., address or Social Security number) is redacted from the notice. Send a copy of the notice to the proper parties.

Examine the request to see whether the party filed it with one of our offices within the 30-day time limit (see GN 03950.020).

If the claimant protested a representative's fee request when they received a copy of the Form SSA-1560 (Petition to Obtain Approval of a Fee for Representing a Claimant Before the Social Security Administration) or equivalent statement, but we did not consider this protest when we authorized the fee, tell the claimant (by telephone, if possible after verifying their identity) that:

• •

  The protest was not added to the claim file until after we authorized the fee, therefore we did not consider the protest in authorizing the fee; and

• •

  We will treat the original protest as a timely request for administrative review of the amount of the fee we authorized and consider the claimant's objections.

EXCEPTION: If, when contacted, the claimant states that they are now satisfied with the authorized fee, document this information on a Form SSA-5002 (Report of Contact) and associate it with the claim(s) file. Inform the claimant that we will take no action on their protest and that the initial fee authorization is final unless the claimant subsequently files a timely request for administrative review.

If a request for administrative review includes other issues, such as:

• •

  A request for post-adjudicative action or information; or

• •

  A question concerning another claim a representative is handling.

Release the acknowledgment notice and request more information immediately, then work on the other issues.

If the claimant discharged one representative and appointed another, the prior representative retains the right to request a fee. If both representatives have assigned direct payment of their fee to the same entity because each representative must file their own fee petition and, if applicable, their own request for administrative review. For more information about assigning direct payment of fees to an entity, see GN 03920.021.

If there are multiple representatives involved in the claim, we authorized more than one fee, and one party filed a request for administrative review:

• •

  Review the services of all the representatives; and

• •

  Be mindful that the services of the representatives are generally interrelated, particularly when all or some of the representatives assigned direct payment of their authorized fees to the same entity or entities.

Do not, however:

• •

  Conduct administrative review of any unprotested fee authorization; or

• •

  Consider modifying any fee other than the one being protested.

1. a. 

   If the claim(s) file indicates that all parties did not receive a copy of fee petition, then:

   • •

     Send an interim letter similar to the one discussed in GN 03930.095B.4.;

   • •

     Delete the portion of that letter saying we will not work on the request for 20 days;

   • •

     Provide the parties with the opportunity to comment (See GN 03950.030B.2.); and

   • •

     Because of Privacy Act considerations, ensure that the personal information (e.g., mailing address or Social Security number (SSN)) of the claimant, any auxiliary beneficiary, or eligible spouse is redacted from the copy of the notice sent to any other party except the representative.

2. b. 

   If the claim(s) file indicates that all parties did not receive a copy of the initial fee authorization, then:

   • •

     Send a copy of the initial fee authorization with the acknowledgment letter explaining that it appears we did not previously send a copy; and

   • •

     Provide the parties with the opportunity to comment. (See GN 03950.030B.2.); and

   • •

     Because of Privacy Act considerations, ensure that the personal information (e.g., mailing address or SSN) of the claimant, any auxiliary beneficiary, or eligible spouse is redacted from the copy of the notice sent to any other party except the representative.

If there is an indication that the representative charged, received, or collected money from the claimant in excess of the amount we authorized, then:

• •

  Ask the representative for more information about the disposition of the funds in the acknowledgment or interim letter (do not ask for a refund until the issue is resolved);

• •

  Resolve the issue in the administrative review determination;

• •

  Notify the representative that the representative must immediately refund to the claimant any funds collected. If the representative collected the excess funds personally, notify them that failure to refund the excess fee may result in a referral to the Office of General Counsel for administrative sanctions (see GN 03970.017); and

• •

  Notify the claimant that they should inform us if the representative does not refund the excess funds.

If you receive a request for administrative review in a case where we did not withhold a portion of the claimant's past-due benefits for the eligible representative’s fee, or prematurely released the withheld benefits without certifying direct payment to the eligible representative or eligible entity based on a valid assignment, the representative may also report that they have been unable to collect the authorized fee from the claimant. In these circumstances, the representative is both requesting administrative review of the fee authorized and notifying us that they have been unable to collect the initially authorized fee.

In such situations:

• •

  Use additional language when sending the acknowledgment letters to the representative and the claimant. (See Model Acknowledgment Letters AF-2 and AF-3 at GN 03950.055B.);

• •

  Conduct the administrative review;

• •

  Direct the benefit authorizer (BA) to certify direct payment of the fee decided on administrative review to the representative or entity if there is a valid assignment as per GN 03920.021 (limited to the amount of the past-due benefits that should have been withheld or the amount of the authorized and unpaid fee, whichever is smaller); and

• •

  Ask the BA to establish an overpayment in the amount that should have been withheld or the amount of the authorized and unpaid fee, whichever is smaller, and initiate recovery, following the instructions in GN 03920.055C.

1. a. 

   Because we usually release the remaining withheld past-due benefits to the claimant and any auxiliary beneficiary or eligible spouse after paying the eligible representative or entity the initial authorized fee, you must add special instructions to the decision letter if you increase a fee on administrative review.

   EXCEPTION: We continue to withhold past-due benefits if there may be additional fees awarded by a Federal court under§206(b) of the Act. For additional information about fees authorized by a Federal court, see GN 03920.060.  

2. b. 

   When we properly released the remaining past-due benefits after paying the initial authorized fee, tell the claimant, any auxiliary beneficiary or eligible spouse, and the eligible representative or other authorized individual (see GN 03930.020A) in the decision letter that:

   • •

     The increase in the fee is a matter between the parties; but

   • •

     The eligible representative should contact us if they are unable to collect the authorized fee from the claimant, any auxiliary beneficiary, or eligible spouse. We will certify direct payment of the fee to the extent of the remaining past-due benefits or the amount of the authorized and unpaid fee, whichever is smaller.

   Because of Privacy Act considerations, ensure that the personal information (e.g., mailing address or SSN) of the claimant, any auxiliary beneficiary, or eligible spouse is redacted from the copy of the notice sent to any other party except the representative.

3. c. 

   If the eligible representative reports that they are unable to collect the authorized fee from the claimant:

   • •

     Direct the BA to certify direct payment of the increased fee to the eligible representative or entity if there is a valid assignment as per GN 03920.021 (in the amount of remaining past-due benefits released after the initial fee payment or the amount of the authorized and unpaid fee, whichever is smaller, subject to the 25 percent direct pay limitation); and

   • •

     Ask the BA to establish an overpayment corresponding to the amount directly paid (up to 25 percent) and initiate recovery, following the instructions in GN 03920.055C.

   EXCEPTION: Do not certify direct payment of the increased fee to the eligible representative, or entity if there is a valid assignment, if the request for administrative review was untimely filed (even if good cause was established as described in GN 03950.025).

1. a. 

   Examine the authorization to identify the regulatory factors (e.g., the time spent and services performed by the representative; the results achieved by the representative; and the level at which the representative entered the case), rationale, and conclusions reached.

   NOTE: We use Form SSA-1178 (Evaluation of Fee Petition for Representation) to document the initial fee authorization and reflect how the fee authorizer arrived at the authorized fee in cases decided below the hearing level.

2. b. 

   Identify what issues, if any, pertinent to the representative's services had a bearing on the conclusion and decide if these issues have been resolved fully.

3. c. 

   Obtain further clarification from the parties if the prior conclusions critical to the authorization are based on assumptions not supported by evidence in the claim(s) file.

Every notice of the determination following administrative review must include the following:

• •

  The authority under which the administrative review was conducted,

• •

  The fee evaluation criteria used,

• •

  An explanation of how the services were evaluated considering the seven evaluation factors (GN 03930.010),

• •

  A statement of whether the amount of the initial fee was affirmed or modified and the reviewer's reasons for their action,

• •

  The amount of the fee authorized on review,

• •

  Responses to all issues raised during the administrative review or a statement that the issue(s) is being considered and will be addressed at a later date (e.g., we failed to certify direct payment to an eligible representative or entity of the initial authorized fee because we did not withhold past-due benefits or prematurely released them),

• •

  A discussion of the method of payment of the representative's fee (e.g., we will certify direct payment of all or a portion of the fee to the eligible representative or entity, if there is a valid assignment; the claimant is responsible for payment of all or a portion of the representative's fee). However, if we previously released the remaining withheld past-due benefits after paying an eligible representative or entity the initial authorized fee, advise the eligible representative to contact us if they are unable to collect the increased fee from the claimant. The representative must refund to the claimant and the affected auxiliary beneficiary(ies) or eligible spouse, if appropriate, any excess amount previously certified or paid,

• •

  A statement that the Act and regulations do not provide for further review of the administrative review determination,

• •

  A statement that the other party(ies) (by name) will receive a copy of the administrative review determination letter, and

• •

  A referral paragraph that includes the address and local telephone number of the servicing FO as well as "800" number information.

Model notices that explain the process of administrative review are contained in GN 03950.065. They must, however, be modified to fit the specific circumstances presented in each case. Representatives generally have multiple cases before us, and each case is different. Sending stock notices, without individualized rationales, would give the appearance of a pro forma review, and could jeopardize the integrity of the process of administrative review.

Because of Privacy Act considerations, we will not reveal:

• •

  The claimant's personal information (e.g., mailing address or Social Security number) when sending a copy of a letter addressed to the claimant, or the claimant's request for administrative review, to a party other than an individual representative; or

• •

  The auxiliary beneficiary's personal information when sending a copy of a letter addressed to the beneficiary, or the beneficiary's request for administrative review, to a party other than an individual representative.

  NOTE: Representatives are bound by the regulations not to disclose any information we furnish or disclose about the claim or prospective claim of another person without that person’s consent except as may be authorized by regulations prescribed by us, or otherwise provided by Federal law (see 20 CFR 404.1740(d) and 416.1520(d)).

This restriction means we must redact any personal information before mailing.

Prepare notices as follows:

1. a. 

   In the opening paragraph state the authority under which you are conducting administrative review. If applicable, indicate the basis for review (e.g., error of fact, error of law, or new information).

2. b. 

   In the second paragraph, if the above basis for review exists, state the fee evaluation criteria you used in reviewing the initial fee authorization. This statement is not necessary if you informed the parties of these criteria in the acknowledgment or interim letters.

3. c. 

   In the next paragraph, if the above basis for review exists, state how you evaluated the services in light of the seven regulatory factors (GN 03930.010), but focus in detail on:

   • •

     The number of hours considered;

   • •

     The value of the services to the case;

   • •

     What services were exceptional, and why;

   • •

     What services were not considered, and why;

   • •

     Any services whose value you have questioned, and why; and

   • •

     Any services where you questioned the amount of time spent, and why.

4. d. 

   In the next paragraph, state whether you are affirming or modifying the initial fee and why. If you are modifying the fee, also state the dollar amount of the fee authorized on administrative review.

5. e. 

   In the next paragraph state your resolution of the issue(s) raised and the method of payment to the representative or entity if there is a valid assignment..

6. f. 

   In the last portion of the notice state that your determination is not subject to further review (citing 20 CFR 404.1720(d)(1) and/or 416.1520(d)(1)) and that you are mailing copies of the notice to all other parties.

In concurrent Titles II and XVI cases and Title XVI only cases, the PC reviewer will notify the field office (FO) using Modernized Development Worksheet (MDW) or PCACS (Payment Center Action Control System) that a copy of the administrative review determination may be found in the Online Retrieval System (ORS) or eView.

If we continued to withhold past-due benefits for payment of the authorized fee after receiving the request for administrative review, the PC reviewer instructs the benefit authorizer (BA) concerning the disposition of these benefits.

When an eligible representative reports that they are unable to collect the fee that resulted from the administrative review determination the PC reviewer:

• •

  Directs the BA to certify direct payment of the fee decided on administrative review to the eligible representative, or entity if there is a valid assignment as described in GN 03920.021  (in the amount of the remaining withheld past-due benefits released after the initial fee payment, subject to the 25 percent maximum); and

• •

  Asks the BA to establish an overpayment and initiate recovery, following the instructions in GN 03920.055C.

Exception: If we properly paid a fee pursuant to the initial fee authorization, and subsequently the representative files an untimely request for administrative review, we are not responsible for payment of any increased fee amount determined on administrative review. In these situations, the PC reviewer need not take any additional actions regarding direct payment of any increased fee resulting from administrative review.

If we properly withheld 25 percent of past-due benefits and paid the initially authorized fee with all past-due benefits previously withheld, no further action is necessary if the fee is increased on administrative review.

If we paid the fee Office of Hearing Operations (OHO) or the Office of Appellate Operations (OAO) initially authorized with only a portion of the past-due benefits previously withheld because:

• •

  The authorized fee was less than the past-due benefits amount; or

• •

  Payment from past-due benefits decreased after adjustment for a trust or escrow account;

And the fee was increased on administrative review, we inform the claimant and any affected auxiliary beneficiary or eligible spouse of their obligation to pay the increased fee.

The technician prepares a notice telling the claimant and any affected auxiliary beneficiary or eligible spouse that:

• •

  The reviewing official increased the representative's fee (indicating the amount of the increase and the total fee authorized);

• •

  We withhold up to 25 percent of past-due benefits toward direct payment of a representative's fee;

• •

  Following the payment of the original fee to the representative (or entity), we released the remaining past-due benefits to the claimant and any affected auxiliary beneficiary or eligible spouse, if appropriate;

• •

  The representative expects the claimant (and any affected auxiliary beneficiaries or eligible spouse) to pay the increased fee; and

• •

  If the claimant (or any affected auxiliary beneficiary or eligible spouse) does not arrange to pay the representative, we will have to take action to withhold these fees from their future benefits.

Because of Privacy Act considerations, ensure that the personal information (e.g., mailing address or Social Security number (SSN)) of the claimant, any auxiliary beneficiary, or eligible spouse is redacted from the copy of the notice sent to any other party except the representative.

EXCEPTION: If we properly paid the fee pursuant to the initial fee authorization, and subsequently the representative files an untimely request for administrative review, we are not responsible for payment of any increased fee amount determined on administrative review. In these situations, do not include information about taking action to withhold future benefits to pay the fee. 

The technician prepares a notice telling the eligible representative or as applicable, another individual listed in GN 03930.020A who may request administrative review:

• •

  How much the reviewing official increased the initial fee on administrative review;

• •

  How much the reviewing official authorized in total fees;

• •

  That we cannot certify direct payment of the increased fee because the remaining past-due benefits we were withholding after making the initial fee payment were released to the claimant (or any affected auxiliary beneficiary or eligible spouse) following the initial fee authorization;

• •

  That the representative should attempt to collect the increased fee directly from the claimant (or any affected auxiliary beneficiary or eligible spouse); and

• •

  That the representative, POC, or other authorized individual should notify us if the claimant (or any affected auxiliary beneficiary or eligible spouse) does not make a satisfactory arrangement to pay the fee.

EXCEPTION: If we properly paid the fee pursuant to the initial fee authorization, and subsequently the representative files an untimely request for administrative review, do not direct the representative or other authorized individual to notify us if they are unable to collect the payment. We are not responsible for direct payment in such situations. 

If the representative reports that they are unable to collect the increased fee from the claimant (or any affected auxiliary beneficiary or eligible spouse), the technician instructs the BA to:

• •

  Certify direct payment of the increased fee to the eligible representative, or, if there is a valid assignment, the entity (in the amount of the remaining withheld past-due benefits released after the initial fee payment, subject to the 25 percent maximum);

• •

  Establish an overpayment, following the instructions in GN 03920.055C;

• •

  Initiate recovery; and

• •

  If waiver of recovery is requested by the claimant (or any affected auxiliary beneficiary, follow the usual waiver procedures.

EXCEPTION: If we properly paid the fee pursuant to the initial fee authorization, and subsequently the representative files an untimely request for administrative review, skip this step. We are not responsible for direct payment in such situations.