[Federal Register Volume 72, Number 249 (Monday, December 31, 2007)]
[Notices]
[Page 74401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25409]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2007-0100]


Rate for Assessment on Direct Payment Fees to Representatives in 
2008

AGENCY: Social Security Administration (SSA).

ACTION: Notice.

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SUMMARY: SSA is announcing that the assessment percentage rate under 
sections 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 2008.

FOR FURTHER INFORMATION CONTACT: Gwen Jones Kelley, Acting Associate 
General Counsel for Program Law, Office of the General Counsel, Social 
Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-
6401. Phone: (410) 965-0495, 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 sections 206(a)(4) 
or 206(b)(1) of the Act 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 No. 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 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 (i.e., currently 
$79.00) 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 rate of 6.3 percent will continue 
for 2008. We will continue to review our costs for these services on a 
yearly basis.

    Dated: December 20, 2007.
Mary Glenn-Croft,
Deputy Commissioner for Budget, Finance and Management.
[FR Doc. E7-25409 Filed 12-28-07; 8:45 am]
BILLING CODE 4191-02-P