Congressional Record, Volume 156 Issue 16 (Wednesday, February 3, 2010)

[Congressional Record Volume 156, Number 16 (Wednesday, February 3, 2010)]
[House]
[Pages H482-H486]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

SOCIAL SECURITY DISABILITY APPLICANTS' ACCESS TO PROFESSIONAL
REPRESENTATION ACT OF 2010

Mr. TANNER. 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.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 4532

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Social Security Disability
Applicants' Access to Professional Representation Act of
2010''.

SEC. 2. PERMANENT EXTENSION OF ATTORNEY FEE WITHHOLDING
PROCEDURES TO TITLE XVI.

(a) In General.--Section 302 of the Social Security
Protection Act of 2004 (Public Law 108-203; 118 Stat. 519) is
amended--
(1) in the section heading, by striking ``temporary''; and
(2) in subsection (c), by striking ``Effective Date.--''
and all that follows through ``The amendments'' and inserting
``Effective Date.--The amendments'', and by striking
paragraph (2).
(b) Clerical Amendment.--The item relating to section 302
in the table of contents in section 1(b) of such Act is
amended by striking ``Temporary extension'' and inserting
``Extension''.

SEC. 3. PERMANENT EXTENSION OF FEE WITHHOLDING PROCEDURES TO
QUALIFIED NON-ATTORNEY REPRESENTATIVES.

(a) In General.--Section 206 of the Social Security Act (42
U.S.C. 406) is amended by adding at the end the following new
subsection:
``(e)(1) The Commissioner shall provide for the extension
of the fee withholding procedures and assessment procedures
that apply under the preceding provisions of this section to
agents and other persons, other than attorneys, who represent
claimants under this title before the Commissioner.
``(2) Fee-withholding procedures may be extended under
paragraph (1) to any nonattorney representative only if such
representative meets at least the following prerequisites:
``(A) The representative has been awarded a bachelor's
degree from an accredited institution of higher education, or
has been determined by the Commissioner to have equivalent
qualifications derived from training and work experience.
``(B) The representative has passed an examination, written
and administered by the Commissioner, which tests knowledge
of the relevant provisions of this Act and the most recent
developments in agency and court decisions affecting this
title and title XVI.
``(C) The representative has secured professional liability
insurance, or equivalent insurance, which the Commissioner
has determined to be adequate to protect claimants in the
event of malpractice by the representative.
``(D) The representative has undergone a criminal
background check to ensure the representative's fitness to
practice before the Commissioner.
``(E) The representative demonstrates ongoing completion of
qualified courses of continuing education, including
education regarding ethics and professional conduct, which
are designed to enhance professional knowledge in matters
related to entitlement to, or eligibility for, benefits based
on disability under this title and title XVI. Such continuing
education, and the instructors providing such education,
shall meet such standards as the Commissioner may prescribe.
``(3)(A) The Commissioner may assess representatives
reasonable fees to cover the cost to the Social Security
Administration of administering the prerequisites described
in paragraph (2).
``(B) Fees collected under subparagraph (A) shall be
credited to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, or
deposited as miscellaneous receipts in the general fund of
the Treasury, based on such allocations as the Commissioner
determines appropriate.
``(C) The fees authorized under this paragraph shall be
collected and available for obligation only to the extent and
in the

[[Page H483]]

amount provided in advance in appropriations Acts. Amounts so
appropriated are authorized to remain available until
expended for administering the prerequisites described in
paragraph (2).''.
(b) Conforming Amendments.--
(1) Section 1631(d)(2)(A) of such Act (42 U.S.C.
1383(d)(2)(A)) is amended--
(A) in clause (iv), by striking ``and'' at the end;
(B) in clause (v), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vi) by substituting, in subsection (e)(1)--
``(I) `subparagraphs (B) and (C) of section 1631(d)(2)' for
`the preceding provisions of this section'; and
``(II) `title XVI' for `this title'.''.
(2) Section 303(e)(2) of the Social Security Protection Act
of 2004 (Public Law 108-203; 118 Stat. 523) is amended by
striking ``and final report'' in the heading and by striking
the last sentence.
(c) Effective Date.--The Commissioner of Social Security
shall provide for full implementation of the provisions of
section 206(e) of the Social Security Act (as added by
subsection (a)) and the amendments made by subsection (b) not
later than March 1, 2010.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Tennessee (Mr. Tanner) and the gentleman from Texas (Mr. Sam Johnson)
each will control 20 minutes.
The Chair recognizes the gentleman from Tennessee.

General Leave

Mr. TANNER. 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.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
Mr. TANNER. 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

[[Page H484]]

____
National Association of

Disability Representatives,

Washington, DC, January 29, 2010.
Hon. John Tanner,
Chairman, Subcommittee on Social Security, Committee on Ways
& Means, House of Representatives, Washington, DC.
Hon. Sam Johnson,
Ranking Member, Committee on Ways & Means, House of
Representatives, Washington, DC.
Hon. Jim McDermott,
Chairman, Subcommittee on Income Security, Committee on Ways
& Means, House of Representatives, Washington, DC.
Hon. John Linder,
Ranking Member, Subcommittee on Income Security, Committee on
Ways & Means, House of Representatives, Washington, DC.
Dear Chairmen Tanner and McDermott and Ranking Members
Johnson and Linder:
On behalf of The National Association of Disability
Representatives (NADR), a professional organization comprised
of non-attorneys and attorneys who assist people in applying
for disability income assistance from the Social Security
Administration, I am writing to offer our strong support for
H.R. 4532, the ``Social Security Disability Applicants'
Access to Professional Representation Act of 2010.'' The
legislation will make 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
Supplement Security disability benefits. Both programs are
scheduled to sunset on February 28, 2010.

Withholding and Direct Payment of Fees in SSI Cases

Section 2 of the proposed legislation amends Section 302 of
the SSPA to permanently extend fee-withholding procedures for
attorneys and qualified non-attorney representatives to
claims under Title XVI of the Act. This provision of the SSPA
has increased opportunities for SSI claimants to obtain
representation and should be extended. Without Title XVI fee
withholding, the most vulnerable among us may be unable to
get the help they need in negotiating the Social Security
claims process.

Fee Withholding for Qualified Non-Attorney Representatives

Section 3 of the bill makes permanent a demonstration
program established in Section 303 of the SSPA to examine the
effectiveness of non-attorney representatives who qualify for
fee withholding by possessing a bachelor's degree (or
equivalent experience), passing an examination, securing
liability insurance, undergoing a background check and
demonstrating ongoing completion of qualified courses of
continuing education. The Government Accountability Office
released a report in October 2007 analyzing the performance
of non-attorney representatives in disability cases before
the Social Security Administration. The study results
indicated that non-attorney representatives who met the
criteria necessary for fee withholding demonstrated levels of
knowledge and success rates at least equal to that of
practicing attorneys.
The demonstration program has proven to be extremely
effective in improving access to qualified representatives
for claimants. Just as important, many NADR members work with
claimants from the initial application, which serves not only
to expedite valid claims, but also to provide counseling that
can weed out inappropriate cases before they enter the
system. Once a claimant does enter the system, qualified
representatives who understand the requisite objective
documentary needs can assist the claims examiner and
adjudicators to gather this critical information in a timely
manner. All this leads to savings of time and resources.
Access to an experienced and qualified representative to
guide claimants through the lengthy and often-confusing
disability-claims process is key to a timely and well-
informed decision by SSA. For all these reasons, NADR urges
the House to pass H.R. 4532 as quickly as possible in order
to ensure that these fee-withholding provisions remain in
effect without interruption.
Sincerely,
Scot E. Whitaker,
President.
____

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.

In addition, the good news is that the bill has no cost. It may even
generate a little money--some say $55 million over 10 years--from user
fees paid by representatives who participate.
And so, Mr. Speaker, with that, I would ask that everyone support
this

[[Page H485]]

legislation. It is, I think, something that will not only benefit
people who are engaged in the system, but will cut down in many
respects, hopefully, on some of the time people who are sick and
disabled have to wait before their cases are adjudicated.
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 support of 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.
For the last few years, one of the top priorities of the Ways and
Means Subcommittee on Social Security has been helping the hundreds of
thousands of Americans who have been waiting years for a hearing on
their disability case due to large claims backlogs. We have urged the
Social Security Administration (SSA) to make eliminating this backlog a
top priority. I particularly want to thank Chairman Obey for his
commitment to ensuring that SSA has the resources to address this
issue.
By improving access to quality, professional representation for
disability applicants, this bill would address another barrier
individuals with severe disabilities face when they apply for
disability benefits. Increasingly the availability of professional
representation can also help speed the disability process, as
representatives can help to ensure that SSA has the medical evidence
needed to adjudicate cases, avoiding unnecessary delays.
Specifically, this bill would improve access to representation 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 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.
I want to thank, again, Mr. Johnson.
I reserve the balance of my time.
Mr. SAM JOHNSON of Texas. 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.
Mr. LINDER. 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.

[[Page H486]]

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

Non-Attorney Representatives

Ms. JACKSON LEE of Texas. Mr. Speaker, I rise today in strong support
of H.R. 4532. This legislation will ``permanently extend fee
withholding procedures which allow Social Security and Supplemental
Security Income (SSI) recipients to pay fees to lawyers and
representatives in successful applications for benefits directly out of
a claimant's benefits, such as SSI disability.''
``The legislation would set the criteria for an eligible non-attorney
representative, including requirements that a representative have a
bachelor's degree, pass an examination, have professional liability
insurance, and undergo a criminal background check. In addition, the
bill would allow the Social Security Commissioner to assess `reasonable
fees' on recipients participating in the program. The program, which
was last extended in 2004, is set to expire on March 1, 2009.''
Mr. Speaker, it is known that proper representation for Social
Security is a must, in order for individuals to obtain their benefits.
In some cases, many may not be able to afford attorneys, hence losing
the capability to acquire benefits, which are directly related to the
well-being of their life. I am very eager for this legislation to pass,
so those citizens, who have desperate needs, would be able to have them
met.
By extending and continuing this ``fee withholding'' procedure, which
is the practice of the Social Security Administration, this would open
the opportunity for citizens to receive the proper representation. It
enables them to pay their representative through the awarded Disability
Insurance, DI, or SSI benefits. In addition, the program has also
increased annual federal revenue by approximately $55 million, which is
an added windfall.
So in conclusion, I support H.R. 4532 and I encourage my colleagues
to follow my lead!
Mr. SAM JOHNSON of Texas. I yield back the balance of my time.
Mr. TANNER. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Tennessee (Mr. Tanner) that the House suspend the rules
and pass the bill, H.R. 4532.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. TANNER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

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