HA 01120.064 Fee Petition Administrative Review — Acknowledgment/Interim Letters to the Parties

When the Social Security Administration (SSA) receives a request for administrative review of an initial fee authorization made by a decision maker at the hearing or Appeals Council levels, the proper reviewing official (or staff) must send an acknowledgement letter to the requester, develop for untimely request filings, notify any other parties that the request has been submitted, and send interim letters to the parties as necessary.

A. Determine Whether the Recipient is the Proper Reviewing Official

Before sending any correspondence to the parties, the receiving component must first determine whether the request has been submitted to the proper reviewing official. See HALLEX HA 01120.061 E for information regarding jurisdiction to conduct administrative review of initial fee authorizations.

If the receiving component does not have authority to conduct administrative review, that component will refer the request to the individual delegated the authority to conduct review by dating the request and:

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If there is an associated eView or Electronic Non-Medical (ENM) record, upload the request to the electronic folder, and email notification of the uploaded request to the individual or component delegated the authority to conduct the review. The email should specify if the claim(s) file is in eView or ENM.
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If there is no associated eView or ENM record, scan the request, and email notification with the attached request to the individual or component delegated the authority to conduct review.
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The receiving component will use a read receipt to confirm proper notification.

1. Reviewing Official Contact Information

The authority to conduct administrative review of an initial fee authorization is based on the component or official who made the initial fee authorization. For more information, see HALLEX HA 01120.061 E and Program Operations Manual System (POMS) GN 03950.005B. In most situations, email is the preferred contact method.

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If the request for administrative review involves a case that was decided below the hearing level, contact the PC using the appropriate control mailbox in HALLEX HA 01120.096.
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If the reviewing official is the Regional Chief Administrative Law Judge (RCALJ), the National Service Delivery Associate Chief ALJ (NSD ACALJ), or one of their delegates who has jurisdiction over the authorizing ALJ's hearing office or National Hearing Center, contact the appropriate OHO regional office or the NSD central office. See OHO Fee Contacts list for contact information.
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If the reviewing official is the Deputy Chief Administrative Law Judge, the Chief Administrative Law Judge, or one of their designees, contact the Office of the Chief Administrative Law Judge at ^OHO OCALJ Delayed Atty Fee Petitions.
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If the reviewing official is the Executive Director of the Office of Appellate Operations (OAO) or designee, contact the Attorney Fee Branch at ^DCARO OAO ATTY FEE BR.

B. Acknowledgment Letters

Once the proper reviewing official receives the request for administrative review, the official will send a letter to the party who requested administrative review to:

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Acknowledge receipt of the request;
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Inform the requester that SSA will notify the other party(ies) to the initial fee authorization that the request for administrative review has been submitted;
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Notify the requester that the other party(ies) will be given the opportunity to comment on the request for administrative review.
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Obtain an explanation for late filing, if the requestor filed the request more than 30 days after the date of the fee authorization notice and did not provide an explanation.

The reviewing official will notify the other party(ies) to the initial fee authorization that:

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The requester filed for administrative review of the amount of the fee; and
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They may comment on or submit written information about the request.

Because of Privacy Act considerations, do not reveal:

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The claimant's personal information (e.g., mailing address or Social Security number (SSN)) when sending a copy of a letter addressed to the claimant, or the claimant's request for administrative review, to a party other than the claimant's representative or the decision maker.
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The auxiliary beneficiary's personal information (e.g., mailing address or SSN) when sending a copy of a letter addressed to the beneficiary, or the beneficiary's request for administrative review, to a party other than that beneficiary's representative or the decision maker.

In these situations, the address and any other personal information must be completely blocked out before mailing.

C. Interim Letters

While the administrative review is ongoing, the reviewing official should send interim letters to the parties to:

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Inform them of additional information received and their right to comment; and
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Follow-up on requested information, when necessary.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/2501120064

HA 01120.064 - Fee Petition Administrative Review — Acknowledgment/Interim Letters to the Parties (I-1-2-64) - 12/09/2024
Batch run: 04/20/2025
Rev:12/09/2024