Social Security Disability Applicants' Access to Professional Representation Act of 2010

Mr. Speaker, the bill before us, the Social Security Disability Applicants' Access to Professional Representation Act of 2010, will make permanent provisions first enacted in a demonstration program included in the Social Security Protection Act of 2004. The provisions allowed attorney fee withholding under Supplemental Security Income, SSI, and qualified non-attorney fee withholding under the Social Security and SSI programs. It also created standards for qualifying non-attorneys for participation in fee withholding.

This action has helped claimants as they work through the often complex and time-consuming disability process. Without action on this bill the provisions will expire on March 1, 2010.

The Social Security Administration, SSA, has received favorable feedback on the program from non-attorney representatives and has received no complaints from claimants. The Government Accountability Office studied the process and has raised no significant concerns.

In addition to support from disability advocates for making the provisions permanent, we received letters urging passage of the legislation from the National Association of Disability Representatives, NADR, and the Consortium for Citizens with Disabilities that Mr. Tanner entered into the Record earlier. At this time I would like to insert a letter of support into the Record from the National Organization of Social Security Claimants' Representatives.

Because attorneys and non-attorneys who participate in fee withholding are charged a fee by the SSA, preliminary estimates suggest the provisions would reduce the deficit over 10 years by approximately $55 million.

Join me in supporting the Social Security Disability Applicants' Access to Professional Representation Act of 2010.

National Organization of Social Security Claimants'

Representatives,

Englewood Cliffs, NJ, February 3, 2010.

Hon. John Tanner,

Chairman, Subcommittee on Social Security, Committee on Ways

and Means, House of Representatives, Washington, DC.

Hon. Sam Johnson,

Ranking Member, Subcommittee on Social Security, Committee on

Ways and Means, House of Representatives, Washington, DC.

Hon. Jim McDermott,

Chairman, Subcommittee on Income Security and Family Support,

Committee on Ways and Means, House of Representatives,

Washington, DC.

Hon. John Linder,

Ranking Member, Subcommittee on Income Security and Family

Support, Committee on Ways and Means, House of

Representatives, Washington, DC.

Dear Chairman Tanner, Chairman McDermott, Ranking Member

Johnson, and

Ranking Member Linder: We are writing in strong support of

H.R. 4532, the ``Social Security Disability Applicants''

Access to Professional Representation Act of 2010.''

Applying for Social Security disability and Supplemental

Security Income disability benefits can be a confusing,

complicated, and difficult process. While claimants have the

right to be represented, it is a hollow right if there is no

realistic way to obtain representation.

The Social Security Protection Act of 2004 (SSPA), Pub. L.

No. 108-203, included two provisions intended to help

claimants obtain representation: (1) the withholding and

direct payment of fees in Supplemental Security Income (SSI)

cases; and (2) establishing a demonstration project to allow

eligible non-attorney representatives the option of

withholding and direct payment of fees in both Title II and

SSI cases. Under the SSPA, both of these provisions are

scheduled to ``sunset'' after a five-year period, which would

be March 1, 2010. Because both projects have been successful,

we are writing to support their permanent continuation. H.R.

4532 accomplishes this goal.

Established in 1979, the National Organization of Social

Security Claimants' Representatives (NOSSCR) is an

association of nearly 4,000 attorneys and paralegals who

represent Social Security and SSI claimants seeking to obtain

disability and income security benefits. NOSSCR members are

committed to providing high quality representation for

claimants, to maintaining a system of full and fair

adjudication for every claimant, and to advocating for

beneficial change in the disability determination and

adjudication process.

Withholding and Direct Payment of Fees in SSI Cases

Section 302 of the SSPA amended section 1631(d)(2) of the

Social Security Act to extend the Title II attorney fee

withholding and direct payment procedures to claims under

Title XVI of the Act. This provision became effective for SSI

fees paid on or after February 28, 2005.

Extending the existing fee withholding and direct payment

provisions for Title II cases to Title XVI cases has made a

measurable difference in the ability of SSI claimants to

obtain representation. SSA's statistics for the hearing level

show representation of SSI claimants has increased in every

year since the SSPA provision was implemented.

Section 302 includes a sunset provision. Under that

provision, the amendments made by section 302 will not apply

to claims for benefits with respect to which the claimant and

the representative enter into the agreement for

representation after February 28, 2010.

Because the SSPA change has increased the opportunities for

SSI claimants to obtain representation, we support the

provision in H.R. 4532, which makes this provision permanent.

Non-Attorney Representatives

Section 303 of the SSPA directs the Commissioner to carry

out a five-year nationwide demonstration project to determine

the potential results of extending the fee withholding and

direct payment procedures that apply to attorneys under

Titles II and XVI of the Social Security Act to non-attorney

representatives who meet certain minimum prerequisites

specified in section 303 and any additional prerequisites

that the Commissioner may prescribe.

Under the prerequisites specified in section 303,

individuals applying to participate in the demonstration

project must have a bachelor's degree or equivalent

education, possess liability insurance or equivalent

insurance adequate to protect claimants in the event of

malpractice by the representative, pass a criminal background

check ensuring fitness to practice before SSA, pass an

examination testing knowledge of the relevant provisions of

the Act and the most recent developments in Agency and court

decisions, and demonstrate ongoing completion of qualified

continuing education courses. In addition, the Commissioner

has required that individuals applying to participate in the

demonstration project show that they have sufficient prior

experience representing claimants before SSA.

The five-year demonstration project on direct payment of

fees to eligible non-attorneys began on February 28, 2005,

and also is scheduled to ``sunset'' at the end of five years.

The demonstration project established by SSPA section 303

applies to claims for benefits with respect to which the

agreement for representation is entered into after February

27, 2005 and before March 1, 2010.

We support the provision in H.R. 4532 that makes this

provision permanent. We believe that, to date, the

demonstration project has been successfully implemented by

the contractor engaged by the Social Security Administration,

CPS Human Resource Services. By all reports, the contractor

has done a good job administering the demonstration project

including periodic administration of the examination and

ensuring that the other required criteria are met.

We appreciate your support for improving SSA's service for

individuals who are applying for benefits by introducing and

co-sponsoring H.R. 4532. We believe that making permanent the

SSPA provisions regarding representation will benefit

individuals with disabilities who file claims for benefits.

Very truly yours,

Nancy G. Shor,

Executive Director.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4532) to provide for permanent extension of the attorney fee withholding procedures under title II of the Social Security Act to title XVI of such Act, and to provide for permanent extension of such procedures under titles II and XVI of such Act to qualified non- attorney representatives.

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks on H.R. 4532.

I yield myself as much time as I may consume.

I want to thank Mr. Johnson for being here and being able to work together to work this out.

As you know, Mr. Speaker, for the past several years, one of the top priorities of our Ways and Means Subcommittee on Social Security has been helping the hundreds of thousands of Americans who have been waiting sometimes over a year or two for a hearing on their disability case due to the large backlog. We have urged the Social Security Administration to make eliminating this backlog a top priority.

I want to thank Chairman Obey for his commitment to ensuring that the Social Security Administration has resources to address the issue effectively.

We join today with Mr. Johnson, Mr. McDermott, and Mr. Linder on this bill to provide access to professional representation. The benefit application process can be very complicated, as many know; and this bill would help ensure that the applicants can get professional representation and help when they need it. It makes permanent an existing program to increase access to professional representation. And without the passage of this bill, the program would expire March 1.

It has the support of many organizations that are engaged in this effort. I would like to insert into the Record this morning a couple of letters from some of those people.

Consortium for

Citizens With Disabilities,

February 1, 2010.

Hon. John Tanner,

Chairman, Subcommittee on Social Security, Committee on Ways

and Means, House of Representatives, Washington, DC.

Hon. Sam Johnson,

Ranking Member, Subcommittee on Social Security, Committee on

Ways and Means, House of Representatives, Washington, DC.

Hon. Jim McDermott,

Chairman, Subcommittee on Income Security and Family Support,

Committee on Ways and Means, House of Representatives,

Washington, DC.

Hon. John Linder,

Ranking Member, Subcommittee on Income Security and Family

Support, Committee on Ways and Means, House of

Representatives, Washington, DC.

Dear Chairman Tanner, Chairman McDermott, Ranking Member

Johnson, and Ranking Member Linder: On behalf of the

undersigned members of the Consortium for Citizens with

Disabilities (CCD) Social Security Task Force, we are writing

in support of H.R. 4532, the ``Social Security Disability

Applicants' Access to Professional Representation Act of

2010.'' H.R. 4532 makes permanent two provisions included in

the Social Security Protection Act of 2004 (SSPA), P.L. 108-

203, designed to improve access to representation for

claimants applying for Social Security disability and

Supplemental Security Income benefits.

Section 302 of the SSPA authorized the withholding and

direct payment of attorneys' fees in Supplemental Security

Income cases. Section 303 established a demonstration project

to allow withholding and direct payment of fees to eligible

non-attorney representatives. Both programs are scheduled to

sunset on February 28, 2010. Because both programs have been

successful, we are writing to support their permanent

continuation.

Withholding and Direct Payment of Fees in SSI Cases

Section 302 of the SSPA amended section 1631(d)(2) of the

Social Security Act to extend the Title II fee withholding

and direct payment procedures to claims under Title XVI of

the Act.

The CCD Social Security Task Force has long supported

allowing SSI claimants to enter into voluntary agreements

with attorneys which would allow SSA to withhold and provide

direct payment of attorneys' fees from past due SSI benefits.

The SSPA established this provision and extended it to

attorneys and non-attorney representatives who qualify under

the Section 303 demonstration (described below). The SSA

disability determination process is very complex and beyond

the capacity, training, or experience of many claimants to

negotiate without knowledgeable assistance. By ensuring that

representatives will be paid a fee for successful work on a

claimant's behalf, this provision has helped to assure that a

knowledgeable, experienced pool of representatives is

available to claimants. The limit on fees and the involvement

of SSA in establishing the fees helps to ensure that the fees

are reasonable. Experience has demonstrated that this

provision has increased opportunities for SSI claimants to

obtain representation.

Fee Withholding for Qualified Non-Attorney Representatives

Section 303 of the SSPA established a demonstration program

to examine the effectiveness of allowing non-attorney

representatives to qualify for fee withholding. In order to

qualify, the non-attorneys must possess a bachelor's degree

(or equivalent experience) and malpractice insurance

coverage; pass a background check; complete a test examining

knowledge of the Social Security disability system; and

maintain continuing education in areas directly related to

Social Security disability programs. To date, the

demonstration program has been successfully implemented. We

believe that claimants benefit from the availability of

qualified non-attorneys and we urge that the sunset date be

lifted.

Conclusion

CCD appreciates your efforts to assure that claimants

applying for Social Security disability and Supplemental

Security Income benefits receive the benefits to which they

are entitled. Access to an experienced and qualified

representative to guide claimants through the lengthy and

often-confusing process is key to a timely and well-informed

decision by SSA. Since the SSPA was enacted, the provisions

detailed above have proven their effectiveness in increasing

claimants' access to effective representation. For these

reasons, we urge Congress to move quickly to extend and make

permanent both programs so that there is no gap or delay

which might affect claimants' cases and/or their ability to

receive knowledgeable assistance.

Sincerely,

Marty Ford,

The Arc and United Cerebral Palsy Disability Policy

Collaboration.

Peggy Hathaway,

United Spinal Association and National Spinal Cord Injury

Association.

Susan Prokop,

Paralyzed Veterans of America.

Paul Seifert,

Council of State Administrators of Vocational

Rehabilitation.

Co-Chairs, CCD Social Security Task Force.

On behalf of:

American Council of the Blind

Bazelon Center for Mental Health Law

Community Access National Network

Council of State Administrators of Vocational

Rehabilitation

National Association for Disability Representatives

National Council for Community Behavioral Healthcare

National Council on Independent Living

National Organization of Social Security Claimants'

Representatives

National Spinal Cord Injury Association

Paralyzed Veterans of America

Research Institute for Independent Living

The Arc of the United States

United Cerebral Palsy

United Spinal Association

I yield back the balance of my time.

Mr. Speaker, on that I demand the yeas and nays.

Mr. Speaker, I yield myself such time as I may consume.

Filing for disability benefits isn't easy. There are deadlines to meet, complicated questions to answer, confusing forms to fill out, and doctor reports that need to be sent to Social Security. It's no wonder that close to two-thirds of all those who appear before an administrative law judge need a representative to help them navigate the complex process.

If benefits are paid, most representatives receive a fee of 25 percent of past due benefits, capped at $6,000.

Since 1967, through a process known as ``fee withholding,'' Social Security has withheld these fees from past due Social Security disability benefits and paid attorney representatives directly. However, non-attorney representatives and attorneys representing those applying for Supplemental Security Income, or SSI, benefits had to collect their fees from their clients.

This changed in 2004 when Congress passed the Social Security Protection Act. This legislation created a 5-year demonstration program that expanded fee withholding to SSI benefits and also allowed qualified non-attorneys to participate in fee withholding from Social Security and SSI benefits. The program expires March 1 of this year.

Both the Social Security Administration and the Government Accountability Office have studied these programs and found that they are working. Well qualified non-attorneys are participating in fee withholding, and those applying for SSI benefits have greater access to representation. Now that the demonstration program is about to expire, advocates for those with disabilities and associations representing attorneys and non-attorneys alike support making these provisions permanent.

I agree. So I was pleased to join with Ways and Means Social Security Subcommittee Chairman John Tanner, one of the great Democrats over there, along with Income Security and Family Support Subcommittee Chairman Jim McDermott and Ranking Member John Linder, to introduce H.R. 4532, the Social Security Disability Applicants' Access to Professional Representation Act of 2010.

Not only does this bill help those filing for disability benefits; it also saves the taxpayers $55 million over 10 years, as representatives pay the government a user fee for processing their payments.

I urge my colleagues to support this legislation. I also hope our subcommittees will do more to make filing for disability benefits easier. The more progress we can make, the more our constituents will avoid losing their hard-earned benefits to representatives in the first place.

I thank Mr. Tanner for helping us with this, and I appreciate your time this morning as well.

I yield back the balance of my time.

Madam Speaker, I rise in support of H.R. 4532, the Social Security Disability Applicants' Access to Professional Representation Act of 2009, which will authorize the permanent extension of the attorney and non-attorney fee-withholding provisions passed under the Social Security Protection Act of 2004. This important legislation will guarantee that seniors have access to the professional representation needed to secure the benefits that they deserve.

I thank Chairman Rangel for his leadership in bringing this bill to the floor. I would also like to thank the author of this legislation, Congressman Tanner, for his hard work and determined efforts to ensure that Americans are able to achieve financial security and stability in their old age.

Madam Speaker, for seniors, getting Social Security benefits can be a rigorous process. Many seniors rely on professional representatives to help them complete applications, obtain medical evidence, and prepare themselves and other witnesses for hearings. H.R. 4532 will permanently extend critical provisions passed under the Social Security Protection Act of 2004 that allow representation fees to be withheld from Social Security Insurance (SSI) applicants' past-due benefits and paid directly to representatives. H.R. 4532 will also extend provisions that make qualified non-attorney representatives eligible to be paid through fee-withholding.

The provisions set to be extended by H.R. 4532 will provide easy access to the qualified representation that many seniors need in order to secure their benefits. This legislation is especially important in these tough economic times. With limited income and increased health care needs, seniors across the country--and especially in my home State of California--have been hit particularly hard by the ongoing economic recession. Now, more than ever, we need to help the elderly access the benefits that they need to achieve financial stability.

In conclusion, I support this bill because it will make the Social Security system more fair and easy to use for the 63,000 seniors in my district and millions more across the country. In order to uphold our obligation to senior citizens we must provide them with the resources needed to take advantage of available benefits. By helping senior citizens get the benefits they need, the Social Security Disability Applicants' Access to Professional Representation Act of 2009 represents a much needed response to our Nation's current economic challenges.

Madam Speaker, I urge my colleagues to join me in supporting H.R. 4532.

Madam President, I urge the Senate to pass by unanimous consent H.R. 4532, the Social Security Disability Applicants' Access to Professional Representation Act of 2010, which was recently passed by the House of Representatives by a vote of 412 to 6.

Claimants of Social Security disability benefits who want to appeal decisions on their cases face many complexities. Therefore, many wish to hire professionals to represent them in these appeals. These representatives can request to have their fees withheld by SSA from the retroactive benefits owed to the claimant. The withheld fees are forwarded directly to the representatives by SSA. This fee arrangement makes it much more attractive for these representatives to take on these cases, which will provide claimants with easier access to professionals willing to represent them before SSA. Prior to enactment of the Social Security Protection Act of 2004, this direct payment of fees was only available to attorneys, not to nonattorneys, and only applied to Social Security claims, not to supplemental security income, SSI, claims.

The Social Security Protection Act authorized two nationwide demonstration projects for a period of 5 years each. One project extended the attorney fee withholding and payment procedures that existed for Social Security claims to supplemental security income claims. A second project allowed nonattorney representatives the option of fee withholding for both Social Security and supplemental security income claims. This second project also required that nonattorney representatives who wish to apply for the direct fee payment program must have passed an examination written and administered by the Commissioner of Social Security, have met certain educational and professional liability insurance requirements, and have passed a criminal background check.

The demonstration projects have been successful, but both sunset on March 1, 2010. H.R. 4532 eliminates the sunsets of both of the demonstration projects. This bill unifies the attorney and nonattorney fee withholding process for both Social Security and supplemental security income. The bill is a commonsense reform to the Social Security Act and should be enacted.

I would like to thank my colleagues in the House of Representatives for the work they put into this bill. I urge my colleagues in the Senate to support H.R. 4532.