Social Security Legislative Bulletin

Number: 111- 35
Date: March 2, 2010

On February 27, 2010, President Obama signed H.R. 4532, the “Social Security Disability Applicants' Access to Professional Representation Act of 2010”, which became Public Law 111-142. The bill includes the following provisions:

Permanent Extension of Attorney Fee Withholding Procedures to Title XVI

•  Permanently extends the Title II attorney fee withholding process to Title XVI. The prior authority expired March 1, 2010.

•  Effective upon enactment.

Permanent Extension of Fee Withholding Procedures to Qualified Non-Attorney Representatives

•  Permanently extends the fee withholding process to all non-attorney representatives who meet the following prerequisites: hold a bachelor's degree or have equivalent qualifications, pass an examination written and administered by the Commissioner, secure professional liability insurance or the equivalent, undergo a criminal background check, and complete continuing education courses. The prior fee withholding demonstration project expired March 1, 2010. (In effect, the prior demonstration project was made permanent without any changes in the prior provisions.)

•  Eliminates the requirement of a final report on the demonstration project that would otherwise have been due to Congress 90 days after the termination of the demonstration.

•  Effective upon enactment.

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