[Congressional Record Volume 156, Number 22 (Monday, February 22, 2010)]
[Senate]
[Page S673]
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. BROWN of Ohio. Madam President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of H.R. 4532, received 
from the House and at the desk.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. BAUCUS. 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.
  Mr. BROWN of Ohio. Madam President, I ask unanimous consent that the 
bill be read three times, passed, and the motion to reconsider be laid 
upon the table, and any statements relating to the measure be printed 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 4532) was ordered to a third reading, was read the 
third time, and passed.

                          ____________________