Effective Dates: 09/07/2023 - Present Previous | Next

TN 3 (09-23)

GN 03950.005 Responsibility for Conducting Administrative Review Under the Fee Petition Process - Jurisdiction

A. Policy - How jurisdiction is determined

Jurisdiction to conduct administrative review under the fee petition process for claims under title II, title XVI, or title XVIII of the Act; or title IV of the Black Lung Benefits Act is determined by the office that made the initial fee authorization.

B. Policy - Administrative review

1. Initial fee authorized by processing center

When a Program Service Center (PSC) or the Office of Central Operations (OCO) (which includes the Office of Disability Operations and the Office of International Operations), collectively known as PCs, made the initial fee authorization, the same PC conducts the administrative review.

See which PC has jurisdiction to make an initial fee authorization in GN 03930.015A.

See those employees delegated authority to conduct administrative review when the initial fee authorization was made by the PCs in the chart below:

Decision Maker Reviewer
PSC Special Case Review Analyst (or someone in an equivalent position) in the Security and Integrity Section
Office of Disability Operations Disability Specialist in the Special Appeals and Class Action Section
Office of International Operations Reconsideration Reviewer

The Assistant Regional Commissioners for Management and Budget in the PSCs and the Director of the Office of Central Operations may delegate authority to others in equivalent positions, as necessary.

2. Proposed fee on administrative review exceeds $12,000

The Attorney Fee Branch (AFB) in OARO must review any proposal by a PC reviewer to authorize a fee in excess of $12,000. In such cases, the PC reviewer will prepare:

  • •

    a recommended notice of administrative review decision, and

  • •

    a Form SSA-1178 (Evaluation of Fee Petition for Representation).

The PC reviewer will submit the entire claim(s) file to the AFB for review to the following address:

Social Security Administration

Office of Appellate Operations

Attn: Attorney Fee Branch

6401 Security Blvd.

Baltimore, MD 21235-6401

The PC reviewer will diary the case for 60 days to follow-up on the administrative review determination from the AFB and the return of the file.

The AFB will review the recommendation and authorize the fee (either adopting or modifying the PC's recommendation).

3. Initial fee authorized by the Office of Hearings Operations (OHO) or the Office of Appellate Operations (OAO)

When OHO or OAO makes the initial fee authorization, an official in OHO or OAO will conduct the administrative review. Those individuals or offices delegated authority to conduct administrative review show in the chart below.

Decision Maker Reviewer
Administrative Law Judge (ALJ) Regional Chief Administrative Law Judge (RCALJ) who has jurisdiction over the claimant's servicing hearing office
RCALJ, as presiding ALJ or on recommendation from a presiding ALJ Deputy Chief Administrative Law Judge (DCALJ)
DCALJ, as presiding ALJ or on recommendation from a presiding ALJ Chief Administrative Law Judge (CALJ)
AFB Deputy Chair of the Appeals Council

4. Authority of OHO or OAO reviewing officials

As a reviewing official, the RCALJ, DCALJ, CALJ, or Deputy Chair of the Appeals Council may authorize a representative's fee on administrative review without obtaining review or concurrence regardless of the amount of the fee.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203950005
GN 03950.005 - Responsibility for Conducting Administrative Review Under the Fee Petition Process - Jurisdiction - 09/07/2023
Batch run: 09/07/2023
Rev:09/07/2023