[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Page 81707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32566]

[[Page 81707]]



[Docket No. SSA-2010-0081]

Rate for Assessment on Direct Payment Fees to Representatives in 

AGENCY: Social Security Administration (SSA).

ACTION: Notice.


SUMMARY: We are announcing that the assessment percentage rate under 
sections 206(d) and 1631(d)(2)(C) of the Social Security Act (Act), 42 
U.S.C. 406 (d), and 1383(d)(2)(C), is 6.3 percent for 2011.

FOR FURTHER INFORMATION CONTACT: Jeffrey Blair, Acting Associate 
General Counsel for Program Law, Office of the General Counsel, Social 
Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-
6401. Phone: (410) 965-3157, e-mail [email protected].

SUPPLEMENTARY INFORMATION: Section 406 of Public Law 106-170, the 
Ticket to Work and Work Incentives Improvement Act of 1999, established 
an assessment for the services we must perform 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(d) of the Act (42 
U.S.C. 406(d)). 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 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. In Public Law 108-203, the Social Security Protection Act of 
2004 (SSPA), Congress also 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. That dollar cap is subject to annual adjustment and remains at 
the current rate of $83, as announced in the Federal Register on 
November 30, 2010, at 75 FR 74123.
    Beginning in 2005, sections 302 and 303 of the SSPA temporarily 
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 Title XVI of the Act. Those provisions were made 
permanent by Public Law 111-142, the Social Security Disability 
Applicants' Access to Professional Representation Act of 2010. Fees 
directly paid under these provisions are also subject to the 
    Based on the best available data, we have determined that the 
current rate of 6.3 percent will continue for 2011. We will continue to 
review our costs for these services on a yearly basis.

    Dated: December 17, 2010.
Michael G. Gallagher,
Deputy Commissioner for Budget, Finance and Management.
[FR Doc. 2010-32566 Filed 12-27-10; 8:45 am]