[Federal Register Volume 69, Number 247 (Monday, December 27, 2004)]
[Notices]
[Pages 77307-77308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28172]


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SOCIAL SECURITY ADMINISTRATION


Rate for Attorney Fee Assessment Beginning in 2005

AGENCY: Social Security Administration (SSA).

ACTION: Notice.

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SUMMARY: The Social Security Administration is announcing that the 
attorney-fee assessment percentage rate under section 206(d) of the 
Social Security Act (the Act), 42 U.S.C. 406(d), is 6.3 percent for 
2005.

FOR FURTHER INFORMATION CONTACT: James A. Winn, Associate General 
Counsel for Program Law, Office of the General Counsel, Social Security 
Administration, Phone: (410) 965-3137, email [email protected].

SUPPLEMENTARY INFORMATION: Section 406 of Public Law No. 106-170, the 
Ticket to Work and Work Incentives Improvement Act of 1999, established 
an assessment for the services required to determine and certify 
payments to attorneys from the benefits due claimants under Title II of 
the Act. This provision is codified in section 206 of the Act (42 
U.S.C. 406). The legislation set the assessment for the calendar year 
2000 at 6.3 percent of the amount that would be required to be 
certified for direct payment to the attorney under section 206(a)(4) or 
206(b)(1) before the application of the assessment. For subsequent 
years, the legislation requires the Commissioner of Social Security to 
determine the percentage rate necessary to achieve full recovery of the 
costs of determining and certifying fees to attorneys, but not in 
excess of 6.3 percent. The Commissioner of Social Security has 
determined, based on the best available data, that the current rate of 
6.3 percent will continue for 2005. During the calendar year 2005, we 
will begin directly paying fees to attorneys in cases under Title XVI 
of the Act and to eligible non-attorney representatives in cases under 
Title II and/or Title XVI of the Act, as provided in sections 302 and 
303 of Public Law No. 108-203, the Social Security Protection Act of 
2004. Once these new programs begin, we will use the 6.3 percent rate 
announced in this notice when calculating assessments on direct 
payments made under these new statutory provisions during the calendar 
year 2005.
    We will continue to review our costs on a yearly basis.


[[Page 77308]]


    Dated: December 17, 2004.
Dale W. Sopper,
Deputy Commissioner for Finance, Assessment and Management.
[FR Doc. 04-28172 Filed 12-23-04; 8:45 am]
BILLING CODE 4191-02-P