TN 7 (07-04)

A. Policy - disposition below the hearing level

In cases resolved below the hearing level, the designated reviewer in the processing center (PC) generally reviews the fee petition and authorizes the fee for services provided in proceedings before SSA. (However, note both the exception in GN 03930.015A.1.b. and the limitation in GN 03930.015D.1.) Neither field office nor Disability Determination Services employees authorize fees under the fee petition process.

NOTE: The job position assigned the responsibility for reviewing fee petitions varies among the PCs.

1. Dismissals of requests for hearing

An Administrative Law Judge's (ALJ's) dismissal of the claimant's request for hearing presents two alternatives.

a. Prehearing case review prompts a favorably revised determination and the dismissal

The designated PC reviewer reviews the fee petition and authorizes the fee for services if:

• SSA favorably revised its determination, in whole or in part, after the claimant requested a hearing but before any hearing is held; and

• the ALJ dismissed the hearing request based on the issuance of a favorable determination.

b. Other dismissal conditions

The ALJ reviews the fee petition and authorizes the fee for services if the ALJ dismissed the hearing request under any other conditions (e.g., hearing request not timely filed).

2. Chart showing PC jurisdiction

The chart below shows generally which PC has jurisdiction. (If necessary, see GN 01050.055 – GN 01050.075 for more information about PC jurisdiction.)

B. Policy - disposition at the ALJ hearing or Appeals Council review level

In cases decided in administrative proceedings at or above the hearing level, the person or component that issued the final favorable decision or took the last unfavorable action generally reviews the fee petition and authorizes any fee for services provided in proceedings before SSA. (However, note the limitation in GN 03930.015D.2.)

1. ALJ hearing level

The ALJ reviews the fee petition and authorizes the fee if the ALJ issued a partially favorable hearing decision which the claimant did not appeal and the Appeals Council did not review on its own motion.

2. Appeals Council review level

The Attorney Fee Branch (AFB) within the Office of Analytics, Review, and Oversight (OARO), Office of Appellate Operations, reviews fee petitions and authorizes fees in cases the Appeals Council resolved.

3. Examples - claimant appeals hearing decision

• The AFB reviews the fee petition and authorizes the fee if an ALJ issued a partially favorable decision, the claimant appealed, and the Appeals Council denied the request for review.

• The ALJ reviews the fee petition and authorizes the fee if an ALJ issued a partially favorable decision, the claimant appealed, the Appeals Council granted the request for review and remanded the case to an ALJ for further proceedings, and the ALJ issued the final decision.

C. Policy - disposition after court proceedings

In cases decided following Federal court proceedings, the person or component within OARO that issued the final decision or took the last action on SSA's behalf generally reviews the representative's fee petition and authorizes any fee for services provided in proceedings before SSA. (However, note the limitation in GN 03930.015D.2.)

EXAMPLE: If the court remanded the claim to SSA and then an ALJ issued a fully favorable decision, the ALJ reviews the fee petition and authorizes the fee for services provided in proceedings before SSA.

D. Policy - fee would exceed $10,000

1. PC fee authorizer

OARO's AFB must review the PC fee authorizer's recommendation for a fee (or total of fees) greater than $10,000 and authorize the fee amount(s). (GN 03920.015 discusses the delegation of authority.)

2. ALJ fee authorizer

The chart below shows the person who must review an ALJ's recommendation for a fee (or total of fees) greater than $10,000 and authorize the fee amount(s).