[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5833 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5833

   To amend title 28, United States Code, to provide for the direct 
   payment of attorney fees and costs to the attorney representing a 
 prevailing party in certain Social Security Disability Insurance and 
      Supplemental Security Income claims, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                             April 17, 2008

 Mr. DeFazio introduced the following bill; which was referred to the 
                       Committee on the Judiciary

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                                 A BILL


 
   To amend title 28, United States Code, to provide for the direct 
   payment of attorney fees and costs to the attorney representing a 
 prevailing party in certain Social Security Disability Insurance and 
      Supplemental Security Income claims, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PAYMENT OF FEES AND COSTS TO THE ATTORNEY IN CERTAIN SOCIAL 
              SECURITY ACT CLAIMS.

    Section 2412 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(g) In a civil action brought under section 205(g) of the Social 
Security Act (42 U.S.C. 405(g)) in which a prevailing party other than 
the United States is represented by an attorney, any costs and fees 
awarded under this section to such prevailing party--
            ``(1) shall be paid directly to the attorney representing 
        the prevailing party; and
            ``(2) shall not be subject to offset under section 3716 of 
        title 31, United States Code, due to a claim of the United 
        States against the prevailing party.''.
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