If a PC or FO authorizer refers a case to OHO or the AFB because
they believe the decision maker incorrectly approved a fee agreement,
the following individuals have authority to review the issue:
•
For hearing level decisions, the RCALJ who has
jurisdiction over the ALJ or a designee or, if issued by an NHC decision
maker, the NSD ACALJ or a designee (see the NOTE in subsection A above);
or
•
For AC decisions, the OAO Deputy Executive Director or
designee.
Within 30 days, the RCALJ or NSD ACALJ or OAO Deputy Executive
Director or one of their designees will review the disputed action to
determine whether the agreement meets the provisions in section 206(a)(2)(A) of
the Act (and is not excepted from the fee agreement process). These
procedures are set forth in HALLEX HA 01120.012.
If the OHO or OAO reviewing official concludes the decision maker
incorrectly approved a fee agreement, they will:
•
Issue an order to the claimant disapproving the fee
agreement, advising that if the representative intends to charge and
collect a fee, they must file a fee petition;
•
Send a copy of the order disapproving the fee agreement
to the representative with a cover letter;
•
Advise the claimant and representative that they may
request review of the disapproval of the fee agreement within 15 days
of receipt of the notice;
•
If there is a valid assignment as described in POMS
GN 03920.021,
send a copy to the entity's point of contact (POC); and
•
Send notification that a copy of the corrective action
is available in the claim(s) file or the Online Retrieval System (ORS) to
the respective PC or FO and the decision maker who signed the prior order
(see HALLEX HA 01120.096
for a list of PC email addresses).
In the limited circumstances described
HALLEX HA 01120.053 A,
the POC is the only individual able to submit a fee petition. Failure to
provide a copy of the notice described above to the POC may frustrate
the POC's effort to file a timely fee petition or notice of intent and
cause SSA to fail to withhold past-due benefits for direct payment of
the representative's fee to the entity.
Staff will use the appropriate order template in the Fee Action
Tracking System (FAcTS) or Hearings and Appeals Case Processing System
(HACPS) in OHO or the Office of Appellate Operations Case Processing
System (OAOCPS) in OAO, and the samples in HALLEX as needed.
If the OHO or OAO reviewing official affirms the fee agreement
approval, they will advise the PC or FO by memorandum to process the
representative's fee under the fee agreement process. Staff will use
the appropriate memorandum template in HACPS or OAOCPS and the sample in
HALLEX
as needed.
If staff in OHO or OAO otherwise become
aware of a fee agreement they believe was erroneously approved, they
will notify the Regional Chief ALJ (RCALJ) or NSD ACALJ if the decision
maker was from OHO, or OAO's Attorney Fee Branch (AFB) if the decision
maker was from OAO. The OHO or OAO reviewing official will then take the
steps in HALLEX HA 01120.049 B above, the same as if they had received a protest memo from
the effectuating component.