The Attorney Fee Branch (AFB) in the Office of Appellate Operations (OAO) is responsible for reviewing and analyzing appointed representative fee petitions for decisions issued by the Appeals Council or a court. See Hearings, Appeals and Litigation Law (HALLEX) manual HA 01120.006.

AFB evaluates fee petitions in accordance with 20 CFR 404.1725(b) and 416.1525(b). See also HALLEX HA 01120.057. After its review, AFB will authorize a reasonable fee to the appointed representative for the services rendered based on the facts of the case.

AFB is responsible for processing requests for administrative review of an appointed representative's fee authorized by the Appeals Council under either the fee agreement or the fee petition process. AFB reviews and makes recommendations to the Deputy Chair or designee of the Appeals Council regarding:

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  The approval or disapproval of the fee agreement;

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  The amount of the fee issued under an approved fee agreement; or

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  The amount of the fee authorized under the fee petition process.

For general policy on these reviews, see HALLEX HA 01120.000.

AFB reviews and screens miscellaneous requests regarding fee issues, both by telephone and in written correspondence. AFB takes necessary action when the request relates to an action before the Appeals Council and forwards other requests to the appropriate component for action.