[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Page 75117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26560]



[[Page 75117]]

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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2022-0060]


Rate for Assessment on Direct Payment of Fees to Representatives 
in 2023

AGENCY: Social Security Administration (SSA).

ACTION: Notice.

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SUMMARY: We are announcing the assessment percentage rate under the 
Social Security Act (Act) is 6.3 percent for 2023.

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: Claimants may appoint a qualified individual 
as a representative to act on their 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, the Act provides that 
we may 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 approved 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 
$113, as we announced in the Federal Register on October 24, 2022 (87 
FR 64296).
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    \2\ 42 U.S.C. 406(d)(2)(A) 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 2023. 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. 2022-26560 Filed 12-6-22; 8:45 am]
BILLING CODE 4191-02-P