[Congressional Record Volume 156, Number 11 (Wednesday, January 27, 2010)]
[Extensions of Remarks]
[Page E103]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF THE SOCIAL SECURITY DISABILITY APPLICANTS' ACCESS TO 
                    PROFESSIONAL REPRESENTATION ACT

                                 ______
                                 

                          HON. JOHN S. TANNER

                              of tennessee

                    in the house of representatives

                      Wednesday, January 27, 2010

  Mr. TANNER. Madam Speaker, I am joined today by my colleagues, Jim 
McDermott Chairman of the Subcommittee on Income Security and Family 
Support, Sam Johnson, Ranking Member of the Subcommittee on Social 
Security, and John Linder, Ranking Member of the Subcommittee on Income 
Security and Family Support, in introducing the Social Security 
Disability Applicants' Access to Professional Representation Act. This 
important, bipartisan legislation will help individuals with severe 
disabilities navigate the often lengthy and complex process of applying 
for Social Security and Supplemental Security Income, SSI, disability 
benefits.
  Specifically, this bill will improve access to quality, professional 
representation for disability applicants by making permanent a 
temporary provision to expand access that is due to expire on March 1.
  For many years, attorneys who represent Social Security disability 
claimants have been able to have their fees withheld from the 
claimant's past-due benefits and paid directly to them by SSA. By 
providing a way to ensure that attorneys are paid if the claim is 
successful, this system has helped to ensure that disability 
applicants--even those who are very low income--have access to 
professional representation. This representation is particularly 
important for those applicants who appeal their case by seeking a 
hearing before an Administrative Law Judge. The fee paid to 
representatives is limited to 25 percent of the claimant's past-due 
benefits, subject to a dollar cap, and is only paid if the claimant 
wins.
  In 2004, Congress adopted a provision to temporarily expand this fee-
withholding system in two ways: by extending the system to SSI claims, 
and also by allowing qualified non-attorney representatives to 
participate. To be a ``qualified non-attorney,'' a representative must 
pass an examination administered by the Social Security Administration, 
SSA, and meet other criteria designed to protect applicants.
  This expansion of the fee-payment system has been very successful, 
and disability groups and other stakeholders have strongly supported 
making it permanent. In addition, both SSA and the Government 
Accountability Office have examined the program to extend fee-
withholding to non-attorney representatives and found it was working 
well.
  The Social Security Disability Applicants' Access to Professional 
Representation Act would ensure that these successful programs 
continue. The bill has no cost, and even generates some savings--$55 
million over 10 years--due to user fees paid by representatives who 
participate.
  Ensuring that individuals with severe disabilities have the help they 
need to navigate the complex benefit application process is a goal on 
which we can all agree. I urge you to support this bipartisan 
legislation to move us closer to this goal.

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