GN 03960: Administrative Review of Determinations Under the Fee Agreement Process
TN 3 (03-95)
A. POLICY
1. Parties to the Determination
Parties to a disapproval of the fee agreement include:
the claimant; and
the representative, as well as any co-representative or co-counsel who signed the fee agreement.
2. Informing the Parties of the Request
When a request for administrative review of the disapproval of the fee agreement has been filed timely by a proper party, SSA must:
notify the other party(ies) and the decision maker of the request; and
give them the opportunity to respond to the request in writing within 15 days.
(See GN 03960.035B.4. below for the procedure.)
3. Review of the Disapproval
When deciding whether to affirm or reverse the decision maker's determination on the fee agreement, SSA will consider the fee agreement, the disapproval of the fee agreement, the request for administrative review, and any additional information provided.
B. PROCEDURE - NOTICE OF DETERMINATION ON ADMINISTRATIVE REVIEW
Handle the notice as follows:
send written notice of the determination made on administrative review to the claimant and the representative at their last known addresses;
advise the parties that the determination is not subject to further review; and
send a copy of the notice to the decision maker.
(See GN 03960.037B.2. for the procedure.)
If a PC has jurisdiction for review, have the notice of determination signed by the official listed in GN 03960.070A.2.