I-1-2-45.ALJ or AAJ Requests Administrative Review of the Amount of the Fee — Initial Procedures

Last Update: 1/28/03 (Transmittal I-1-44)

To file a request for administrative review, an Administrative Law Judge (ALJ) or Administrative Appeals Judge (AAJ) must:

  • file the request within 15 days of ODAR's receipt of the notice of the fee amount,

  • explain in the request why he/she believes there is evidence that the representative did not represent the claimant's interest adequately or that the fee is clearly excessive for the services provided, and

  • send copies of all pertinent documents with the request.

NOTE:

To ensure timely filing of an administrative review request and as an alternative to waiting until the ALJ or AAJ actually receives a copy of the award notice, for Title II claims, the ALJ or AAJ may request the support staff or Attorney Fee Branch, respectively, to check the Online Notice Retrieval System (ONRS), function 31 on the SSA MENU MAIN (refer to MSOM MCS 001.002), for fee amount information. If the notice does not include the fee amount (i.e, “neutral language” indicates the processing center cannot set the fee), re-diary and check the ONRS at a later date.

An ALJ sends the request to the Regional Chief ALJ who has jurisdiction over the claimant's servicing hearing office. An AAJ sends the request to the Attorney Fee Branch, Office of Appellate Operations.

See sample memorandum for an ALJ/AAJ to request administrative review of fee amount at I-1-2-103.