[Federal Register Volume 85, Number 235 (Monday, December 7, 2020)]
[Notices]
[Page 78912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26795]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2020-0059]


Rate for Assessment on Direct Payment of Fees to Representatives 
in 2021

AGENCY: Social Security Administration (SSA).

ACTION: Notice.

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SUMMARY: We are announcing that the assessment percentage rate under 
the Social Security Act (Act) is 6.3 percent for 2021.

FOR FURTHER INFORMATION CONTACT: Jeffrey C. Blair, 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, email [email protected].

SUPPLEMENTARY INFORMATION: A claimant may appoint a qualified 
individual as a representative to act on his or her behalf in matters 
before the Social Security Administration (SSA). If the claimant is 
entitled to past-due benefits and was represented either by an attorney 
or by a non-attorney representative who has met certain prerequisites, 
we withhold up to 25 percent of the past-due benefits and use that 
money to pay the representative's approved fee directly to the 
representative.
    When we pay the representative's fee directly to the 
representative, we must collect from that fee payment an assessment to 
recover the costs we incur in determining and paying representatives' 
fees. The Act provides that the assessment we collect will be the 
lesser of two amounts: A specified dollar limit; or the amount 
determined by multiplying the fee we are paying by the assessment 
percentage rate.\1\
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    \1\ 42 U.S.C. 406(d), 406(e), and 1383(d)(2).
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    The Act initially set the dollar limit at $75 in 2004 and provides 
that the limit will be adjusted annually based on changes in the cost-
of-living.\2\ Currently, the maximum dollar limit for the assessment is 
$98, as we announced in the Federal Register on October 22, 2020 (85 FR 
67413).
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    \2\ 42 U.S.C. 406(d)(2) and 1383(d)(2)(C)(ii)(I).
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    The Act requires us each year to set the assessment percentage rate 
at the lesser of 6.3 percent or the percentage rate necessary to 
achieve full recovery of the costs we incur to determine and pay 
representatives' fees.\3\
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    \3\ 42 U.S.C. 406(d)(2)(B)(ii) and 1383(d)(2)(C)(ii)(II).
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    Based on the best available data, we have determined that the 
current rate of 6.3 percent will continue for 2021. We will continue to 
review our costs for these services on a yearly basis.

Michelle King,
Deputy Commissioner for Budget, Finance, and Management.
[FR Doc. 2020-26795 Filed 12-4-20; 8:45 am]
BILLING CODE 4191-02-P