Direct Payment of SSI Fees Made Permanent

March 10, 2010

Author: Catherine M. Callery (Kate) | Louise M. Tarantino

H.R. 4532, the “Social Security Disability Applicants’ Access to Professional Representation Act of 2010” has passed both Houses of Congress and was signed into law by President Obama on February 27, 2010, just two days before the March 1st “sunset” date of the pilot program.

H.R. 4532 has two provisions.  It makes permanent (1) direct payment of fees in SSI cases and (2) the program by which certain non-attorneys become eligible for direct payment of fees.  This program, which has been in effect as a pilot program for several years, provides for the withholding of attorney fees from retroactive SSI as well as retroactive Title II awards.  It also allows for withholding of fees for non-attorney representatives who meet specific qualifications. The bill was passed in the Senate on February 22, 2010, by unanimous consent.  The House of Representatives had already passed the bill by a vote of 412-6 earlier in February.