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SSA

RIN: 0960-AG82

Publication ID: Fall 2008

Title: ●Authorization of Representative Fees (3508F)
Abstract: We are proposing to revise our rules regarding payment of representative fees to allow representatives, in certain cases, to charge and receive a fee for their services from third parties without requiring our approval. We are also proposing to eliminate the requirement that we approve fees for legal guardians or court-appointed representatives providing representational services in claims before us if a court has already authorized their fees. Lastly, we propose to define "legal guardians or court-appointed representatives."
Agency: Social Security Administration(SSA)	Priority: Other Significant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 20 CFR 404.1703 20 CFR 404.1720 20 CFR 416.1503 20 CFR 416.1520
Legal Authority: 42 USC 405(a) 42 USC 406(a)(1) 42 USC 902(a)(5) 42 USC 1383(d)

Legal Deadline: None

Statement of Need: We are proposing these revisions to reflect changes in representatives' business practices, the ways in which claimants obtain representation, and how we process representative fees. Specifically, we propose to revise our rules regarding payment of representative fees to allow representatives to charge and receive a fee from third parties without requiring our authorization in certain instances. We also propose to eliminate the requirement that we authorize fees for legal guardians or court-appointed representatives who provide representational services before us if a court has already authorized their fees.

Summary of the Legal Basis: Section 206 of the Social Security Act, as amended by the Omnibus Budget Reconciliation Act of 1990 (OBRA) and section 302 and 303 of the Social Security Protection Act of 2004 (SSPA) Public Law 108-203.

Alternatives: None.

Anticipated Costs and Benefits: Negligible.

Risks: None.

Timetable:

Action	Date	FR Cite
NPRM	08/26/2008	73 FR 50260
NPRM Comment Period End	09/25/2008
Final Action	09/00/2009

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Federalism: No
Included in the Regulatory Plan: Yes
RIN Data Printed in the FR: No
Agency Contact: Joshua B. Silverman Social Insurance Specialist, Regulations Writer Social Security Administration Office of Regulations, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 594-2128