I-1-2-49. ALJ or AAJ Incorrectly Approved Fee Agreement

Last Update: 2/25/05 (Transmittal I-1-48)

A. Effectuating Component Actions

1. Referral Procedures

Processing center (PC) and field office (FO) personnel may not reverse an Administrative Law Judge's (ALJ's) or Administrative Appeals Judge's (AAJ's) fee agreement determination. If the PC or FO authorizer responsible for effectuating a favorable hearing or Appeals Council (AC) decision concludes that the ALJ or AAJ incorrectly approved a fee agreement because it does not meet the requirements of the Act or an exception to the fee agreement process applies (see I-1-2-12), the authorizer will take the following actions:

If the effectuating component does not get a response within 45 days, it will:

2. Procedures After OHA Acts on Referral

B. OHA Actions

After a PC or FO authorizer refers a case to OHA because he/she believes the ALJ or AAJ incorrectly approved a fee agreement:

Within 30 days, the RCALJ or Deputy Chair will review the disputed action to determine if the agreement meets the provisions in § 206(a)(2)(A) of the Social Security Act (refer to I-1-2-12 (A.)), or is excepted from the process for one of the reasons listed in I-1-2-12 (B.).