Disability Law Blog

User Fee to Calculate Attorneys Fees Unchanged in 2006

The maximum that can be charged for calculating attorney's fees remains unchanged for 2006:

The Commissioner of Social Security has determined, based on the best available data that the current assessment percentage rate of 6.3 percent will continue for 2006. We will continue to review our costs on a yearly basis.

The $75 cap remains in place.

Available in text and PDF.

71 Fed.Reg. 964 (January 6, 2006)

Attorney Fee Assessment Rate to Remain at Maximum 6.3% in 2005

SSA has announced, "based on the best available data," that the tax on attorney's fees will continue at 6.3% for 2005. 42 USC § 406 requires the Commissioner "to determine the percentage rate necessary to achieve full recovery of the costs of determining and certifying fees to attorneys, but not in excess of 6.3 percent." The rate will also apply to attorneys in Title XVI cases and to eligible non-attorney representatives in Title II and Title XVI cases when direct payments begin in those programs in 2005.

Available in text and PDF

69 FR 77307-77308 (December 27, 2004)

Temporary POMS Instruction on Assessment for Direct Payment of Authorized Attorney Fees

SSA has published a temporary instruction (GN 03920.199, Assessments for Direct Payment of Authorized Fees to Attorneys On and After September 1, 2004 ) for authorization and processing of attorney fees. The temporary instruction implements the provisions capping the "user fee" that were included in the Social Security Protection Act of 2004, signed into law on March 2, 2004. The user fee is now capped at the lesser of 6.3% of the authorized fee or $75.

SSA Solicits Comments on Prerequisites for Participation in Fee Withholding for Non-Attorney Representatives

"SUMMARY: Section 303 of the Social Security Protection Act of 2004 (SSPA) requires the Commissioner of Social Security (the Commissioner) to develop and implement a 5-year nationwide demonstration project that will extend to certain non-attorney representatives of claimants under titles II and XVI of the Social Security Act (the Act) the option to have approved representatives' fees withheld and paid directly from a beneficiary's past-due benefits. Currently, this option is available only to representatives who are attorneys. "

"Non-attorney representatives who wish to participate in the demonstration project must meet the prerequisites specified in section 303 of the SSPA, and any additional prerequisites that the Commissioner may prescribe. One of the statutory prerequisites is that the individual must pass an examination, written and administered by the Commissioner, which tests knowledge of the relevant provisions of the Act and the most recent developments in agency and court decisions affecting titles II and XVI of the Act. We are seeking public comments regarding the general topics that should be included in the examination. In addition, we invite your comments on the particular issues described below related to the other statutory prerequisites. Finally, we invite comments on whether individuals who wish to participate in the demonstration project should be required to meet additional prerequisites not specified in section 303 and, if so, what those additional prerequisites might be."

Comments must be received by September 15, 2004.

Available in text and PDF.

69 FR 50431-50432 (August 16, 2004)

Senate Passes HR 743 via Voice Vote

I've provided a link to Title III of the Social Security Protection Act of 2003, which caps the attorney's fee assessment and temporarily extends withholding to Title XVI claims, among other things. (The link is to a page I created, with text pasted from the original bill, since the Thomas search engine apparently doesn't provide permanent links.) Bill now goes to conference.