[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Notices]
[Page 6080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2332]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2009-0007]


Maximum Dollar Limit in the Fee Agreement Process

AGENCY: Social Security Administration (SSA).

ACTION: Notice.

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SUMMARY: We are increasing the maximum dollar amount limit for fee 
agreements approved under sections 206(a)(2)(A) and 1631(d)(2)(A) of 
the Social Security Act to $6,000. Effective June 22, 2009, decision-
makers may approve fee agreements up to the new limit provided that the 
fee agreement otherwise meets the statutory conditions of the agreement 
process.

FOR FURTHER INFORMATION CONTACT: Marg Handel, Office of Income Security 
Programs, phone (410) 965-4639, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The Social Security Act (Act) provides a 
streamlined process for a representative to obtain approval of the fee 
he or she wishes to charge for representing a claimant before the 
agency. See, Sec. Sec.  206(a)(2)(A) and 1631(d)(2)(A) of the Act, as 
amended by the Omnibus Budget Reconciliation Act (OBRA) of 1990, Public 
Law No. 101-508, Sec.  5106. To use that process, the representative 
and the claimant must agree, in writing, to a fee that does not exceed 
the lesser of 25% of past due benefits or a prescribed dollar amount. 
OBRA of 1990 set the initial fee amount at $4,000 and gave the 
Commissioner the authority to increase it periodically, provided that 
the cumulative rate of increase did not at any time exceed the rate of 
increase in primary insurance amounts since January 1, 1991. The law 
further provided that notice of any increased amount shall be published 
in the Federal Register. On January 17, 2002, we published a notice 
raising the maximum fee to $5,300. With this notice, we announce that 
the maximum dollar amount for fee agreements will increase to $6,000. 
This increase does not exceed the rate of increase provided in OBRA of 
1990. We believe this increase will adequately compensate 
representatives for their services while ensuring that claimants are 
protected from excessive fees. A decision-maker may approve fees up to 
the new amount effective June 22, 2009. This effective date will ensure 
adequate time to provide training and guidance to our employees and to 
make necessary changes in our information technology infrastructure.

    Dated: January 29, 2009.
Michael J. Astrue,
Commissioner of Social Security.
[FR Doc. E9-2332 Filed 2-3-09; 8:45 am]
BILLING CODE 4191-02-P