If the second clause applies (for example. B the ALJ makes the first positive decision following a decision of the Appeal Board (AC), section 206 (a) (2) (A) (ii) of the Act will not be respected and the ALJ will refuse the fee agreement because the agent has not agreed to limit his fees to the legal ceiling indicated in GN 03940.003B.3). Where a decision-maker approves a fee agreement in relation to a positive decision, but the positive decision is subsequently annulled, the approval of the fee agreement and the possible authorisation of costs arising from the agreement shall also be annulled in the absence of a positive decision. If a decision-maker then makes a positive decision, they will make a new decision to approve or reject the fee agreement. For more information on situations that exclude a case from automated processing, see GN 03940.050C. If the case is excluded from automated processing, you take the following steps to process the fee agreement in the simultaneous claims of Title II and Title XVI: If the ACC responds to a request for review or if the consultation decision is reviewed of its own free will and adopts a fully favourable decision without removing the positive aspect of the ALJ decision, the fee agreement approved by the ALJ remains in effect. If a party has requested an administrative review of the fee resulting from the ALJ decision or requests an administrative review of the fee resulting from the CAC decision, refer to GN 03960.005, responsible for the administrative verification in the context of the fee agreement procedure – jurisdiction. A representative may connect to another representative or co-advisor, whom the applicant has also designated, than GN 03910.040D. explained. An agreement between the two representatives on the fee for services does not affect SSA`s authorization. Everyone must apply for a fee to obtain authorization from the SSA for their services. The ALJ making the decision will not respond to the fee agreement or will ask the representative to apply for a fee.
If the representative files a petition, the ALJ will allow a fee of $00.00 usd and explain why. If the fee has been reserved for SSR under Title II, you publish the automated fee information about the UFEE to the SSR using a fee status of 1 or 2 (royalty agreement approved by FO or HO) and a claim type of 1 (at the same time). . . .