[Congressional Record (Bound Edition), Volume 156 (2010), Part 1]
[House]
[Pages 1083-1087]
[From the U.S. 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 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)--

[[Page 1084]]

       ``(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 1085]]

     
                                  ____
                                           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.

[[Page 1086]]

       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 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.

[[Page 1087]]

  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.

  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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