[Federal Register Volume 69, Number 157 (Monday, August 16, 2004)]
[Notices]
[Pages 50431-50432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18743]


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SOCIAL SECURITY ADMINISTRATION


Notice of Solicitation of Public Comments on Prerequisites for 
Participation in a Demonstration Project Extending Fee Withholding 
Procedures to Non-Attorney Representatives

AGENCY: Social Security Administration (SSA).

ACTION: Notice.

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SUMMARY: Section 303 of the Social Security Protection Act of 2004 
(SSPA) requires the Commissioner of Social Security (the Commissioner) 
to develop and implement a 5-year nationwide demonstration project that 
will extend to certain non-attorney representatives of claimants under 
titles II and XVI of the Social Security Act (the Act) the option to 
have approved representatives' fees withheld and paid directly from a 
beneficiary's past-due benefits. Currently, this option is available 
only to representatives who are attorneys. Non-attorney representatives 
who wish to participate in the demonstration project must meet the 
prerequisites specified in section 303 of the SSPA, and any additional 
prerequisites that the Commissioner may prescribe. One of the statutory 
prerequisites is that the individual must pass an examination, written 
and administered by the Commissioner, which tests knowledge of the 
relevant provisions of the Act and the most recent developments in 
agency and court decisions affecting titles II and XVI of the Act. We 
are seeking public comments regarding the general topics that should be 
included in the examination. In addition, we invite your comments on 
the particular issues described below related to the other statutory 
prerequisites. Finally, we invite comments on whether individuals who 
wish to participate in the demonstration project should be required to 
meet additional prerequisites not specified in section 303 and, if so, 
what those additional prerequisites might be.

DATES: To be sure that we consider your comments, we must receive them 
by September 15, 2004.

ADDRESSES: Comments should be sent to William Storey, Acting Director, 
Office of Policy, Planning and Evaluation, by: e-mail to 
[email protected]; telefax to (703) 605-8261; or mail to the 
Office of Hearings and Appeals, Suite 1608, 5107 Leesburg Pike, Falls 
Church, VA 22041-3255.

FOR FURTHER INFORMATION CONTACT: William Storey, Suite 1608, 5107 
Leesburg Pike, Falls Church, VA 22041-3255, (703) 605-8260.

SUPPLEMENTARY INFORMATION: We are developing an examination that will 
be administered to non-attorney representatives who wish to participate 
in the direct fee payment demonstration project authorized by section 
303 of the SSPA, Public Law 108-203, enacted March 2, 2004. Section 303 
specifies that the examination is to test knowledge of the relevant 
provisions of the Act and the most recent developments in agency and 
court decisions affecting titles II and XVI of the Act.
    We have compiled a list of general topics upon which the 
examination questions might focus. That list is included as an 
Appendix. We request comments on whether the specific topics listed 
should be tested in the examination, and on whether there are 
additional topics that we should include.
    To help us determine if a topic should be tested in the 
examination, we have established a rating system for assigning a rank 
to each topic. We ask that commenters use the rating system when 
commenting on both the potential topics listed in the Appendix and any 
additional topics that may be suggested. The rating system is based on 
a scale from 1 to 5, where 5 indicates that the topic is critical and 
must be considered in developing the qualifying examination. The 
criteria for the rankings are as follows:

    5 = Critical (cannot do the job without knowing this)
    4 = Very Important (difficulty doing the job well without knowing 
this)
    3 = Moderately Important (helpful in doing the job well)
    2 = Slightly Important (occasionally helpful in doing the job well)
    1 = Not Important (not needed to do the job)
    X = Cannot Rank (unable to determine the relative importance)

    In addition to passing the examination, non-attorneys who wish to 
participate in the demonstration project are required by section 303 to 
meet the following prerequisites:
     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;
     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;
     The representative has undergone a criminal background 
check to ensure the representative's fitness to practice before the 
Commissioner; and
     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 titles II and XVI 
of the Act.
    We invite comments on any issues related to:
     The quality and extent of training or work experience that 
should be considered equivalent to a bachelor's degree;
     The amount of liability insurance that should be 
considered adequate to protect claimants; and
     The extent and types of continuing education courses that 
should be required.
    We will consider the comments we receive as we develop the 
demonstration project under section 303 of the SSPA.

(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social 
Security-Disability Insurance; 96.002, Social Security-Retirement 
Insurance; 96.004, Social Security-Survivors Insurance; and 96.006, 
Supplemental Security Income)

    Dated: August 11, 2004.
Fritz Streckewald,
Assistant Deputy Commissioner for Program Policy for Disability and 
Income Security Programs.

Appendix

Ethics and Professionalism

Conflict of interest
Good character and reputation
Grounds for disqualification/suspension
Privacy Act and disclosure policy
Ethical conduct

[[Page 50432]]

Hearings and Appeals Process

Appeal deadlines
Good cause for late filing
Reconsideration
Request for hearing by an Administrative Law Judge
Request for Appeals Council Review
Representation of claimants
Fee agreement process
Fee petition process
Fee authorization
Witness cross-examination
Interrogatories
Vocational Expert testimony
Medical Expert testimony
Reopening and revision policy
Substantial evidence standard
Role in obtaining evidence
Effect of multiple applications on appeals process

Medical and Vocational Issues

Definition of disability
Sequential evaluation process (adults and children)
Impairment severity
Medical listings
Listing equivalency
Functional equivalence
Assessment of residual functional capacity
Past relevant work
Medical evidence
Medical source opinions
Failure to cooperate
Medical improvement review standard
Symptoms and credibility
Evaluation of pain
Mental impairments
Consultative examination
Vocational factors
Appendix 2 ``grid'' rules
Exertional and nonexertional impairments
Transferable skills

Disability Benefit Issues

Title II insured status
Title II entitlement factors
Waiting period
Substantial gainful activity
Trial work period
Extended period of eligibility
Unsuccessful work attempt
Special employment considerations
Impairment related work expenses
Date of onset
Disabled widow(er)'s benefits--entitlement factors
Childhood disability benefits--entitlement factors
End stage renal disease--entitlement factors
Title XVI disabled individual eligibility
Title XVI disabled child eligibility
Title XVI blind individual eligibility
Continuing disability reviews
Ticket to work
Work incentives
Expedited reinstatement of benefits
Plan for achieving self-support
Terminal illness
Amyotrophic lateral sclerosis (Lou Gehrig's disease)
Drug addiction and alcoholism condition
Presumptive disability
Workers'' compensation
Public disability benefits

Non-Disability Benefit Issues

Title II insured status
Title II retirement benefits--entitlement factors
Title II auxiliary benefits (e.g., child, spouse)--entitlement 
factors
Title II survivor benefits (e.g., child, widow, widower)--
entitlement factors
Title II dual entitlement
Non-payment (suspension) events
Termination events
Primary insurance amount computations
Primary insurance amount reduction factors
Month of entitlement
Overpayment waiver
Totalization of benefits
Earnings record discrepancies
Administrative finality
Res judicata
Collateral estoppel
Title XVI eligibility factors
Title XVI living arrangements
Title XVI in-kind support and maintenance
Title XVI resources
Title XVI earned and unearned income
Title XVI redeterminations
Title XVI deeming
Title XVI offset provisions
Goldberg-Kelly provisions
State supplementation
Interim assistance reimbursement
Citizenship issues
Cross program recovery
Medicaid eligibility factors
Medicare entitlement factors
Special veterans benefits
Railroad benefits
Military service
Windfall elimination provision
Government pension offset
Delayed retirement credits
Protective filing
[FR Doc. 04-18743 Filed 8-13-04; 8:45 am]
BILLING CODE 4191-02-P