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

To request administrative review of the fee amount authorized to a representative under the fee agreement process, an adjudicator who favorably decides a claim(s) must:

• File a written request with the appropriate reviewing official (see Hearings, Appeals, and Litigation Manual (HALLEX) manual I-1-2-44) within 15 days after receipt of the Notice of Award or other notification of the fee amount;

• Explain in the request what evidence the adjudicator believes show that the representative did not represent the claimant's interests adequately or that the fee is clearly excessive for the services provided; and

• Refer to all pertinent documents in the claim(s) file.

To ensure timely filing of a request for administrative review, the adjudicator may include in the decisional paragraph of the fully or partially favorable decision, language indicating an interest in receiving information about the fee amount, including the Notice of Award. Alternatively, the adjudicator may ask support staff to set a diary to check the Online Retrieval System (ORS) for a copy of the Notice of Award or other notice with the fee amount information. If a notice does not include the fee amount (i.e., “neutral language” indicating the processing center cannot set the fee), support staff will set another diary and check ORS at a later date.

When support staff attempts to obtain a copy of the notice by checking ORS, support staff will set relatively short diary dates to follow up. On receipt, support staff will immediately deliver the notice to the adjudicator so that the adjudicator can determine whether to submit a request for administrative review of the fee amount. Staff will use an appropriate memorandum template in the Hearings and Appeals Case Processing System (HACPS) or the Office of Appellate Operations Case Processing System (OAOCPS) and the sample in HALLEX I-1-2-103 as needed.