An individual may write to SSA and ask questions about the fee that was authorized. SSA must not confuse a request for more information with a request for administrative review. For example, an inquiry from a representative may challenge the amount authorized but clearly shows that the representative does not understand the fee authorization process. When there is doubt whether the correspondence constitutes a request for administrative review, the office charged with responsibility for conducting the administrative review must contact the author of the correspondence and obtain a clarification, see GN 03950.015B.1.

Only a proper party, i.e., a party who is affected by SSA's initial fee authorization, may request an administrative review.

Parties to a fee authorization are:

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  representative(s);

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  claimant(s); and

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  auxiliary beneficiary(ies) who is responsible for paying the representative's authorized fee.

A party who files a request for administrative review must mail a copy of the request to the other parties to the initial fee authorization.

A request for administrative review must:

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  be in writing; and

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  clearly express an intent to request review of an initial fee authorization.

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

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 the review was not filed on time.

In those cases, SSA will conduct an administrative review only if it determines that there was good cause for not filing the request on time. The reviewing office will determine whether there was good cause for late filing, see GN 03950.020.

A party may send a request for administrative review to:

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  the PC or OHO office address shown on the SSA-1560A-U5; or

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  any SSA office.

Take the following actions if the FO receives a request for administrative review under the fee petition process:

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  Date stamp the request.

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  Obtain a written explanation for untimely filing if the party requests administrative review in person more than 30 days after the date of the notice of the fee authorization. For examples of good cause see GN 03950.020. Make the request in face-to-face interviews, or a telephone interview preceding receipt of the written request for administrative review. (See subsection 2. for handling telephone inquiries.)

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  Acknowledge receipt. For model letters, see GN 03950.055.

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  Send the request directly to the reviewing office with a copy of the acknowledgment letter and the claim(s) file, if available.

If the Teleservice Center (TSC) or other SSA office receives an oral inquiry, once you determine the caller is requesting administrative review under the fee petition process, take the following actions:

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  Ask the caller for their reason(s) for requesting administrative review and complete a Form SSA-795 with the explanation, see GN 03950.070.

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  Tell the caller that you will send them a statement to review and sign.

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  Advise the caller that the request for administrative review must be in writing and to immediately sign and return the statement in the envelope provided.

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  Additionally, if the caller does not request review timely, i.e., requests review more than 30 days after the date of the notice of the initial fee authorization, tell the caller to include a late filing explanation on the SSA-795 statement.

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  Place the TSC or other office code and the date of the call in the upper right corner of the SSA-795.

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  Send the SSA-795 to the caller with a courtesy return envelope addressed to the reviewing office. For PC jurisdiction cases, see GN 03950.005. See subsection 3. for OHO jurisdiction cases.

To determine the address of the OHO or OAO reviewing official, proceed as follows:

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  ask the caller to read the name and address of the reviewing official listed on the fee authorization document.

  If unavailable, ask the caller who issued the most recent final favorable determination or decision or took the last unfavorable action on their claim.

  If unavailable, obtain an OAO case control query (OHAQ) summary and determine who issued the most recent final favorable determination or decision or took the last unfavorable action in the caller's claim.

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  if an ALJ issued the most recent final favorable decision or took the last unfavorable action use the "HO1" field to determine the claimant's servicing HO;

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  refer to the chart in HALLEX I-1-2-100 to determine the address of the RCALJ with jurisdiction over this HO and place this address on the courtesy envelope;

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  if an Administrative Appeals Judge issued the most recent final favorable decision or took the last unfavorable action, place the following address on the courtesy envelope:

  •  

    Social Security Administration
    
    Office of Appellate Operations
    
    Attn: Attorney Fee Branch, Deputy Chair, Appeals Council
    
    6401 Security Blvd.
    
    Baltimore, MD 21235-6401

If you receive a request for administrative review under the fee petition process and your office is not responsible for conducting the review, follow subsection 1. in this section.

If you are in a PC and your PC has jurisdiction for the claim(s) file also follow subsection 1. in this section and take the actions described in GN 03950.015.