[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Notices]
[Page 80506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31129]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2008-0067]


Rate for Assessment on Direct Payment Fees to Representatives in 
2009

AGENCY: Social Security Administration (SSA).

ACTION: Notice.

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SUMMARY: We are 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 2009.

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 (b)(1) of the Act before the application of the assessment. For 
subsequent years, the legislation requires us 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 $83.00) 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.
    Based on the best available data, we have determined that the 
current rate of 6.3 percent will continue for 2009. We will continue to 
review our costs for these services on a yearly basis.

    Dated: December 19, 2008.
Mary Glenn-Croft,
Deputy Commissioner for Budget, Finance and Management.
 [FR Doc. E8-31129 Filed 12-30-08; 8:45 am]
BILLING CODE 4191-02-P