[Federal Register Volume 71, Number 4 (Friday, January 6, 2006)]
[Notices]
[Page 964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-31]


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SOCIAL SECURITY ADMINISTRATION


Rate for Assessment on Direct Payment of Fees to Representatives 
in 2006

AGENCY: Social Security Administration (SSA).

ACTION: Notice.

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SUMMARY: The Social Security Administration is announcing that the 
assessment percentage rate under section 206(d) and 1631(d)(2)(C) of 
the Social Security Act (the Act), 42 U.S.C. 406(d), and 1383(d)(2)(C) 
is 6.3 percent for 2006.

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, e-mail [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). That 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.
    Beginning in 2005, sections 302 and 303 of Public Law 108-203, the 
Social Security Protection Act of 2004 (SSPA) extended the direct 
payment of 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. Fees directly paid under these provisions are 
subject to the same assessment. In addition, sections 301 and 302 of 
the SSPA imposed a dollar cap on the amount of the assessment, so that 
the assessment may not exceed the lesser of that dollar cap or the 
amount determined using the assessment percentage rate.
    The Commissioner of Social Security has determined, based on the 
best available data that the current assessment percentage rate of 6.3 
percent will continue for 2006. We will continue to review our costs on 
a yearly basis.

    Dated: December 23, 2005.
Dale W. Sopper,
Deputy Commissioner for Finance, Assessment and Management.
[FR Doc. E6-31 Filed 1-5-06; 8:45 am]
BILLING CODE 4191-02-P