Title 42 — The Public Health and Welfare

Chapter 7 — Social Security

§ 406. Representation of claimants before Commissioner

Statutory text

Recognition of representatives; fees for representation before Commissioner

The Commissioner of Social Security may prescribe rules and regulations governing the recognition of agents or other persons, other than attorneys as hereinafter provided, representing claimants before the Commissioner of Social Security, and may require of such agents or other persons, before being recognized as representatives of claimants that they shall show that they are of good character and in good repute, possessed of the necessary qualifications to enable them to render such claimants valuable service, and otherwise competent to advise and assist such claimants in the presentation of their cases. An attorney in good standing who is admitted to practice before the highest court of the State, Territory, District, or insular possession of his residence or before the Supreme Court of the United States or the inferior Federal courts, shall be entitled to represent claimants before the Commissioner of Social Security. Notwithstanding the preceding sentences, the Commissioner, after due notice and opportunity for hearing, (A) may refuse to recognize as a representative, and may disqualify a representative already recognized, any attorney who has been disbarred or suspended from any court or bar to which he or she was previously admitted to practice or who has been disqualified from participating in or appearing before any Federal program or agency, and (B) may refuse to recognize, and may disqualify, as a non-attorney representative any attorney who has been disbarred or suspended from any court or bar to which he or she was previously admitted to practice. A representative who has been disqualified or suspended pursuant to this section from appearing before the Social Security Administration as a result of collecting or receiving a fee in excess of the amount authorized shall be barred from appearing before the Social Security Administration as a representative until full restitution is made to the claimant and, thereafter, may be considered for reinstatement only under such rules as the Commissioner may prescribe. The Commissioner of Social Security may, after due notice and opportunity for hearing, suspend or prohibit from further practice before the Commissioner any such person, agent, or attorney who refuses to comply with the Commissioner’s rules and regulations or who violates any provision of this section for which a penalty is prescribed. The Commissioner of Social Security may, by rule and regulation, prescribe the maximum fees which may be charged for services performed in connection with any claim before the Commissioner of Social Security under this subchapter, and any agreement in violation of such rules and regulations shall be void. Except as provided in paragraph (2)(A), whenever the Commissioner of Social Security, in any claim before the Commissioner for benefits under this subchapter, makes a determination favorable to the claimant, the Commissioner shall, if the claimant was represented by an attorney in connection with such claim, fix (in accordance with the regulations prescribed pursuant to the preceding sentence) a reasonable fee to compensate such attorney for the services performed by him in connection with such claim.

In the case of a claim of entitlement to past-due benefits under this subchapter, if—

an agreement between the claimant and another person regarding any fee to be recovered by such person to compensate such person for services with respect to the claim is presented in writing to the Commissioner of Social Security prior to the time of the Commissioner’s determination regarding the claim,

the fee specified in the agreement does not exceed the lesser of—

25 percent of the total amount of such past-due benefits (as determined before any applicable reduction under section 1320a–6(a) of this title), or

$4,000, and

the determination is favorable to the claimant,

then the Commissioner of Social Security shall approve that agreement at the time of the favorable determination, and (subject to paragraph (3)) the fee specified in the agreement shall be the maximum fee. The Commissioner of Social Security may from time to time increase the dollar amount under clause (ii)(II) to the extent that the rate of increase in such amount, as determined over the period since January 1, 1991, does not at any time exceed the rate of increase in primary insurance amounts under section 415(i) of this title since such date. The Commissioner of Social Security shall publish any such increased amount in the Federal Register.

For purposes of this subsection, the term “past-due benefits” excludes any benefits with respect to which payment has been continued pursuant to subsection (g) or (h) of section 423 of this title.

In any case involving—

an agreement described in subparagraph (A) with any person relating to both a claim of entitlement to past-due benefits under this subchapter and a claim of entitlement to past-due benefits under subchapter XVI, and

a favorable determination made by the Commissioner of Social Security with respect to both such claims,

the Commissioner of Social Security may approve such agreement only if the total fee or fees specified in such agreement does not exceed, in the aggregate, the dollar amount in effect under subparagraph (A)(ii)(II).

In the case of a claim with respect to which the Commissioner of Social Security has approved an agreement pursuant to subparagraph (A), the Commissioner of Social Security shall provide the claimant and the person representing the claimant a written notice of—

the dollar amount of the past-due benefits (as determined before any applicable reduction under section 1320a–6(a) of this title) and the dollar amount of the past-due benefits payable to the claimant,

the dollar amount of the maximum fee which may be charged or recovered as determined under this paragraph, and

a description of the procedures for review under paragraph (3).

The Commissioner of Social Security shall provide by regulation for review of the amount which would otherwise be the maximum fee as determined under paragraph (2) if, within 15 days after receipt of the notice provided pursuant to paragraph (2)(D)—

the claimant, or the administrative law judge or other adjudicator who made the favorable determination, submits a written request to the Commissioner of Social Security to reduce the maximum fee, or

the person representing the claimant submits a written request to the Commissioner of Social Security to increase the maximum fee.

Any such review shall be conducted after providing the claimant, the person representing the claimant, and the adjudicator with reasonable notice of such request and an opportunity to submit written information in favor of or in opposition to such request. The adjudicator may request the Commissioner of Social Security to reduce the maximum fee only on the basis of evidence of the failure of the person representing the claimant to represent adequately the claimant’s interest or on the basis of evidence that the fee is clearly excessive for services rendered.

In the case of a request for review under subparagraph (A) by the claimant or by the person representing the claimant, such review shall be conducted by the administrative law judge who made the favorable determination or, if the Commissioner of Social Security determines that such administrative law judge is unavailable or if the determination was not made by an administrative law judge, such review shall be conducted by another person designated by the Commissioner of Social Security for such purpose.

In the case of a request by the adjudicator for review under subparagraph (A), the review shall be conducted by the Commissioner of Social Security or by an administrative law judge or other person (other than such adjudicator) who is designated by the Commissioner of Social Security.

Upon completion of the review, the administrative law judge or other person conducting the review shall affirm or modify the amount which would otherwise be the maximum fee. Any such amount so affirmed or modified shall be considered the amount of the maximum fee which may be recovered under paragraph (2). The decision of the administrative law judge or other person conducting the review shall not be subject to further review.

Subject to subsection (d), if the claimant is determined to be entitled to past-due benefits under this subchapter and the person representing the claimant is an attorney, the Commissioner of Social Security shall, notwithstanding section 405(i) of this title, certify for payment out of such past-due benefits (as determined before any applicable reduction under section 1320a–6(a) of this title) to such attorney an amount equal to so much of the maximum fee as does not exceed 25 percent of such past-due benefits (as determined before any applicable reduction under section 1320a–6(a) of this title).

Any person who shall, with intent to defraud, in any manner willfully and knowingly deceive, mislead, or threaten any claimant or prospective claimant or beneficiary under this subchapter by word, circular, letter or advertisement, or who shall knowingly charge or collect directly or indirectly any fee in excess of the maximum fee, or make any agreement directly or indirectly to charge or collect any fee in excess of the maximum fee, prescribed by the Commissioner of Social Security shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall for each offense be punished by a fine not exceeding $500 or by imprisonment not exceeding one year, or both. The Commissioner of Social Security shall maintain in the electronic information retrieval system used by the Social Security Administration a current record, with respect to any claimant before the Commissioner of Social Security, of the identity of any person representing such claimant in accordance with this subsection.

Fees for representation before court

Whenever a court renders a judgment favorable to a claimant under this subchapter who was represented before the court by an attorney, the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled by reason of such judgment, and the Commissioner of Social Security may, notwithstanding the provisions of section 405(i) of this title, but subject to subsection (d) of this section, certify the amount of such fee for payment to such attorney out of, and not in addition to, the amount of such past-due benefits. In case of any such judgment, no other fee may be payable or certified for payment for such representation except as provided in this paragraph.

For purposes of this paragraph—

the term “past-due benefits” excludes any benefits with respect to which payment has been continued pursuant to subsection (g) or (h) of section 423 of this title, and

amounts of past-due benefits shall be determined before any applicable reduction under section 1320a–6(a) of this title.

Any attorney who charges, demands, receives, or collects for services rendered in connection with proceedings before a court to which paragraph (1) of this subsection is applicable any amount in excess of that allowed by the court thereunder shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $500, or imprisonment for not more than one year, or both.

Notification of options for obtaining attorneys

The Commissioner of Social Security shall notify each claimant in writing, together with the notice to such claimant of an adverse determination, of the options for obtaining attorneys to represent individuals in presenting their cases before the Commissioner of Social Security. Such notification shall also advise the claimant of the availability to qualifying claimants of legal services organizations which provide legal services free of charge.

Assessment on attorneys

In general

Whenever a fee for services is required to be certified for payment to an attorney from a claimant’s past-due benefits pursuant to subsection (a)(4) or (b)(1), the Commissioner shall impose on the attorney an assessment calculated in accordance with paragraph (2).

Amount

The amount of an assessment under paragraph (1) shall be equal to the product obtained by multiplying the amount of the representative’s fee that would be required to be so certified by subsection (a)(4) or (b)(1) before the application of this subsection, by the percentage specified in subparagraph (B), except that the maximum amount of the assessment may not exceed the greater of $75 or the adjusted amount as provided pursuant to the following two sentences. In the case of any calendar year beginning after the amendments made by section 301 of the Social Security Protection Act of 2003 1 take effect, the dollar amount specified in the preceding sentence (including a previously adjusted amount) shall be adjusted annually under the procedures used to adjust benefit amounts under section 415(i)(2)(A)(ii) of this title, except such adjustment shall be based on the higher of $75 or the previously adjusted amount that would have been in effect for December of the preceding year, but for the rounding of such amount pursuant to the following sentence. Any amount so adjusted that is not a multiple of $1 shall be rounded to the next lowest multiple of $1, but in no case less than $75.

The percentage specified in this subparagraph is—

for calendar years before 2001, 6.3 percent, and

for calendar years after 2000, such percentage rate as the Commissioner determines is necessary in order to achieve full recovery of the costs of determining and certifying fees to attorneys from the past-due benefits of claimants, but not in excess of 6.3 percent.

Collection

The Commissioner may collect the assessment imposed on an attorney under paragraph (1) by offset from the amount of the fee otherwise required by subsection (a)(4) or (b)(1) to be certified for payment to the attorney from a claimant’s past-due benefits.

Prohibition on claimant reimbursement

An attorney subject to an assessment under paragraph (1) may not, directly or indirectly, request or otherwise obtain reimbursement for such assessment from the claimant whose claim gave rise to the assessment.

Disposition of assessments

Assessments on attorneys collected under this subsection shall be credited to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate.

Authorization of appropriations

The assessments authorized under this section shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Amounts so appropriated are authorized to remain available until expended, for administrative expenses in carrying out this subchapter and related laws.

Extension of fee withholding and assessment procedures to qualified non-attorney representatives

The Commissioner shall provide for the extension of the fee withholding procedures and assessment procedures that apply under the preceding provisions of this section to agents and other persons, other than attorneys, who represent claimants under this subchapter before the Commissioner.

Fee-withholding procedures may be extended under paragraph (1) to any nonattorney 2 representative only if such representative meets at least the following prerequisites:

The representative has been awarded a bachelor’s degree from an accredited institution of higher education, or has been determined by the Commissioner to have equivalent qualifications derived from training and work experience.

The representative has passed an examination, written and administered by the Commissioner, which tests knowledge of the relevant provisions of this chapter and the most recent developments in agency and court decisions affecting this subchapter and subchapter XVI.

The representative has secured professional liability insurance, or equivalent insurance, which the Commissioner has determined to be adequate to protect claimants in the event of malpractice by the representative.

The representative has undergone a criminal background check to ensure the representative’s fitness to practice before the Commissioner.

The representative demonstrates ongoing completion of qualified courses of continuing education, including education regarding ethics and professional conduct, which are designed to enhance professional knowledge in matters related to entitlement to, or eligibility for, benefits based on disability under this subchapter and subchapter XVI. Such continuing education, and the instructors providing such education, shall meet such standards as the Commissioner may prescribe.

The Commissioner may assess representatives reasonable fees to cover the cost to the Social Security Administration of administering the prerequisites described in paragraph (2).

Fees collected under subparagraph (A) shall be credited to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, or deposited as miscellaneous receipts in the general fund of the Treasury, based on such allocations as the Commissioner determines appropriate.

The fees authorized under this paragraph shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Amounts so appropriated are authorized to remain available until expended for administering the prerequisites described in paragraph (2).

Footnotes

1 See References in Text note below.
2 So in original. Probably should be “non-attorney”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1935
Pub. L. 74–531 · 49 Stat. 620
Enacted · 42 U.S.C. § 406
Aug. 14, 1935, ch. 531, title II, § 206, 49 Stat. 624
Source evidence
Code source credit
Aug. 14, 1935, ch. 531, title II, § 206, 49 Stat. 624
1958
Social Security Amendments of 1958
Pub. L. 85–840 title III § 309 · 72 Stat. 1013
Struck · 42 U.S.C. § 406
Pub. L. 85–840 struck out provisions which required attorneys to file a certificate of their right to practice
Source evidence
Code amendment note
Pub. L. 85–840 struck out provisions which required attorneys to file a certificate of their right to practice.
Enacted provision · exact public law section
Sec. 309. representation of claimants before secretary of health, education, and welfare The second sentence of section 206 of the Social Security 42 USC 406. Act is amended by striking out “upon filing with the Administrator a certificate of his right to so practice from the presiding judge or clerk of any such court”.
1965
Social Security Amendments of 1965
Pub. L. 89–97 title III § 332 · 79 Stat. 288
1. Amended · 42 U.S.C. § 406
  Pub. L. 89–97 designated existing provisions as subsec. (a)
2. Added · 42 U.S.C. § 406
  Pub. L. 89–97 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 89–97 designated existing provisions as subsec. (a) and added subsec. (b).
Enacted provision · exact public law section
Sec. 332. determination of attorneys’ fees in court proceedings under title ii The heading of section 206 of the Social Security Act 53 Stat. 1372. 42 USC 406. is amended to read “representation of claimants”. Such section is further amended by inserting “(a)” after “Sec. 206.” and by adding at the end of such section the following new subsection: “(b) (1) Whenever a court renders a judgment favorable to a claimant under this title who was represented before the court by an attorney, the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled by reason of such judgment, and the Secretary may, notwithstanding the provisions of section 205(i), certify the amount of such fee for payment 42 USC 405. to such attorney out of, and not in addition to, the amount of such past-due benefits. In case of any such judgment, no other fee may he payable or certified for payment for such representation except as provided in this paragraph. “(2) Any attorney who charges, demands, receives, or collects for services rendered in connection with proceedings before a court to which paragraph (1) is applicable any amount in excess of that allowed by the court thereunder shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $500, or imprisonment for not more than one year, or both.”
1968
Social Security Amendments of 1967
Pub. L. 90–248 title I § 173 · 81 Stat. 821
Changed · 42 U.S.C. § 406(a)
Pub. L. 90–248 provided for fixing of attorneys fees for claimants and for certification of amount for payment out of past-due benefits
Source evidence
Code amendment note
Subsec. (a). Pub. L. 90–248 provided for fixing of attorneys fees for claimants and for certification of amount for payment out of past-due benefits.
Enacted provision · exact public law section
Sec. 173. attorneys fees for claimants Section 206(a) of the Social Security Act is amended by 42 USC 406. inserting, immediately before the last sentence thereof, the following new sentences: “Whenever the Secretary, in any claim before him for benefits under this title, makes a determination favorable to the claimant. he shall, if the claimant was represented by an attorney in connection with such claim, fix (in accordance with the regulations prescribed pursuant to the preceding sentence) a reasonable fee to compensate such attorney for the services performed by him in connection with such claim. If as a result of such determination, such claimant is entitled to past-due benefits under this title, the Secretary shall, notwithstanding section 205(i), certify for payment (out of such past-due 42 USC 405. benefits) to such attorney an amount equal to whichever of the following is the smaller: (A) 25 per centum of the total amount of such past-due benefits, (B) the amount of the attorney’s fee so fixed, or (C) the amount agreed upon between the claimant and such attorney as the fee for such attorney’s services.”
1984
Spending Reduction Act of 1984
Pub. L. 98–369 div. B title VI § 2663 · 98 Stat. 494
Substituted · 42 U.S.C. § 406
Pub. L. 98–369 substituted “Secretary” and “Secretary’s” for “Administrator” and “Administrator’s”, respectively, wherever appearing
Source evidence
Code amendment note
Pub. L. 98–369 substituted “Secretary” and “Secretary’s” for “Administrator” and “Administrator’s”, respectively, wherever appearing.
Enacted provision · exact public law section
Sec. 2663. other technical corrections in the social security act and related provisions (a) (1) (A) The fourth sentence of section 201(d) of the Social Security Act is amended— (i) by striking out “the Second Liberty Bond Act, as amended,” and inserting in lieu thereof “chapter 31 of title 31, United States Code,”; and (ii) by striking out “public-debt obligation” and inserting in lieu thereof “public-debt obligations”. (B) Section 201(g)(1)(B) of such Act is amended by striking out “clauses” in the first sentence and inserting in lieu thereof “clause”. (2) (A) (i) Section 202(d)(1) of such Act, in clause (ii) in the matter which follows subparagraph (C) and precedes subparagraph (D), is amended by striking out “paragraphs” and “paragraph” and inserting in lieu thereof “subparagraphs” and “subparagraph”, respectively. (ii) Section 202(d)(1)(G) of such Act is amended— (I) by striking out the comma after “age of 18”; (II) by striking out “the age of 22,” and inserting in lieu thereof “the age of 22—”; (III) by striking out “, or, subject to section 223(e), the termination month (and for purposes” and inserting in lieu thereof the following: “(i) the termination month, subject to section 223(e) (and for purposes”; (IV) by striking out “after the 15 months” and all that follows down through “such earlier month.” and inserting in lieu thereof the following: “after the 15 months following such period of trial work in which he engages or is determined able to engage in substantial gainful activity), or (if later) the earlier of— “(ii) the first month during no part of which he is a full-time elementary or secondary school student, or “(iii) the month in which he attains the age of 19, but only if he was not under a disability (as so defined) in such earlier month.”; and (V) by indenting all of clause (i) (as designated and amended by the preceding provisions of this subparagraph) four ems, so as to align its left margin with the margins of clauses (ii) and (iii) (as so designated). (iii) The second sentence of section 202(d)(7)(A) of such Act is 42 USC 402. amended by striking out “the date of the enactment of this paragraph” and inserting in lieu thereof “the effective date of this sentence”. (B) Section 202(e)(1) of such Act is amended— (i) by striking out the first comma after “age 60” in the matter following subparagraph (F)(ii); and (ii) by striking out “he engages” in the last sentence and inserting in lieu thereof “she engages”. (C) Section 202(f)(1) of such Act is amended by striking out the first comma after “age 60” in the matter following subparagraph (F)(ii). (D) Section 202(f)(3)(D)(i) of such Act is amended by striking out 97 Stat. 96 . the semicolon after “applicable,”. (E) Section 2202(a)(1)(B) of Public Law 97–35 is amended by striking 42 USC 402. out “as”. (F) (i) Section 202(q)(3)(G) of the Social Security Act is amended by striking out “as if the period” and inserting in lieu thereof “if the period. (ii) Section 202(q)(7)(E) of such Act is amended by striking out “he attained retirement age” and inserting in lieu thereof “she or he attained retirement age”. (G) Section 202(t)(4)(E) of such Act is amended— (i) by inserting “of 1937 or 1974” after “Railroad Retirement Act” where it first appears; and (ii) by inserting before the semicolon at the end thereof the following: “of 1937 or section 18(2) of the Railroad Retirement Act of 1974”. (H) Section 202(u)(1)(B) of such Act is amended by striking out “, 112, or 113”. (3) (A) Section 203(a)(8) of such Act is amended by adding a period 42 USC 403. at the end thereof. (B) Section 203(d)(2) of such Act is amended by striking out “an individual who is entitled” and inserting in lieu thereof “an individual under the age of seventy who is entitled”. (C) Section 203(f)(5)(B)(ii) of such Act is amended by striking out “702(a)(9)” and inserting in lieu thereof “702(a)(8)”. (D) Section 203(f)(8) of such Act is amended by indenting subparagraphs (B) and (C) two additional ems (for a total indentation of four ems) so as to align their left margins with the margins of subparagraphs (A) and (D). (4) (A) Section 205(c)(5)(D) of such Act is amended by inserting “of 1937 or 1974” after “Railroad Retirement Act” each place it appears. (B) Section 205(c)(5)(I) of such Act is amended by inserting before the semicolon at the end thereof the following: “or section 7(b)(7) of the Railroad Retirement Act of 1974”. (C) Section 205(e) of such Act is amended by striking out “on order” and inserting in lieu thereof “an order”. (D) Section 205(h) of such Act is amended by striking out “section 24 of the Judicial Code of the United States” and inserting in lieu thereof “section 1331 or 1346 of title 28, United States Code,”. (E) Section 205(i) of such Act is amended by striking out all that follows “through” and precedes “and prior” and inserting in lieu thereof “the Fiscal Service of the Department of the Treasury,”. (F) Section 205(p)(1) of such Act is amended by striking out “section 1420(e) of the Internal Revenue Code” and inserting in lieu thereof “section 3122 of the Internal Revenue Code of 1954”. (5) Section 208 of such Act is amended by indenting paragraphs (f) through (h) two ems so as to align their left margins with the margins of paragraphs (a) through (e) (and by appropriately further indenting subdivisions (1), (2), and (3) of paragraph (g)). (6) (A) Section 209 of such Act is amended— (i) by indenting paragraphs (5) through (9) of subsection (a) two ems so as to align their left margins with the margins of the preceding paragraphs of such subsection; (ii) by striking out “(p) Remuneration” and inserting in lieu thereof “(p)(1) Remuneration”; (iii) by striking out the period at the end of paragraph (p)(1) as redesignated by clause (ii) of this subparagraph and inserting in lieu thereof a semicolon; (iv) by striking out “(p) Any contribution” and inserting in lieu thereof “(2) Any contribution”; and (v) by indenting subsections (e), (f), and (k) through (r) two ems so as to align their left margins with the margins of subsections (a) through (d) and subsections (g), (h), and (j) (appropriately further indenting paragraphs (1) and (2) of subsection (f) and paragraphs (1) and (2) of subsection (m)). (B) The seventh unnumbered paragraph from the end of section 209 of such Act (relating to remuneration for service performed as a member of a uniformed service) is amended by striking out “section 102(10) of the Servicemen’s and Veterans’ Survivor Benefits Act” and inserting in lieu thereof “chapter 3 and section 1009 of title 37, United States Code”. (7) (A) Section 210(a)(1) of such Act is amended by striking out “(A)” and all that follows down through “or (B)”. (B) Section 210(a)(7) of such Act is amended by indenting subparagraph (D) two additional ems (for a total indentation of four ems) so as to align its left margin with the margins of subparagraphs (A) through (C). (C) Section 210(a)(9) of such Act is amended by striking out 42 USC 410. “section 1532 of the Internal Revenue Code” and inserting in lieu thereof “section 3231 of the Internal Revenue Code of 1954”. (D) Section 210(a)(19) of such Act is amended by striking out the comma after “; or”. (E) Section 210(l)(2) of such Act is amended— (i) by striking out “section 102 of the Servicemen’s and Veterans’ Survivor Benefits Act” and inserting in lieu thereof “paragraph (21) of section 101 of title 38, United States Code”; and (ii) by striking out “such section” and inserting in lieu thereof “paragraph (22) of such section”. (F) Section 210(l)(3) of such Act is amended by striking out “such section 102” and inserting in lieu thereof “paragraph (23) of such section 101”. (G) Section 210(m) of such Act is amended— (i) by striking out “a reserve component of a uniformed service as defined in section 102(3) of the Servicemen’s and Veterans’ Survivor Benefits Act” in the first sentence and inserting in lieu thereof “a reserve component as defined in section 101(27) of title 38, United States Code”; (ii) by inserting “, the National Oceanic and Atmospheric Administration Corps,” after “Coast and Geodetic Survey” in the first sentence; (iii) by striking out “military or naval” each place it appears in paragraph (5) and inserting in lieu thereof “military, naval, or air”; and (iv) by striking out “Universal Military Training and Service Act” in paragraph (5)(B) and inserting in lieu thereof “Military Selective Service Act”. (8) (A) Section 211(a) of such Act is amended by striking out 42 USC 411. “chapter 1 of the Internal Revenue Code”, “such chapter”, and “section 183 of such code” in the matter preceding paragraph (1) and inserting in lieu thereof “subtitle A of the Internal Revenue Code of 1954”, “such subtitle”, and “section 702(a)(8) of such Code”, respectively. (B) Section 211(a)(3) of such Act is amended— (i) by striking out “chapter 1 of the Internal Revenue Code” and inserting in lieu thereof “subtitle A of the Internal Revenue Code of 1954”; and (ii) by inserting “or” before “(C)”. (C) Section 211(a)(4) of such Act is amended by striking out “section 23(s) of such code” and inserting in lieu thereof “section 172 of the Internal Revenue Code of 1954”. (D) Section 211(a) of such Act is further amended by striking out 97 Stat. 90. “702(a)(9)” in clauses (iii) and (iv) (in the matter following paragraph (12)) and inserting in lieu thereof in each instance “702(a)(8)”. (E) Section 211(b)(1) of such Act is amended by indenting subparagraphs (D), (G), (H), and (I) an additional two ems (for a total indentation of four ems) so as to align their left margins with the margins of the other subparagraphs of such section. (F) Section 211(c) of such Act is amended by striking out “section 23 of the Internal Revenue Code” and inserting in lieu thereof “section 162 of the Internal Revenue Code of 1954”. (G) Section 211(c)(3) of such Act is amended by striking out “section 1532 of the Internal Revenue Code” and inserting in lieu thereof “section 3231 of the Internal Revenue Code of 1954”. (H) Section 211(d) of such Act is amended by striking out “supplement F of chapter 1 of the Internal Revenue Code” and inserting in lieu thereof “subchapter K of chapter 1 of the Internal Revenue Code of 1954”. (I) Section 211(e) of such Act is amended by striking out “chapter 1 of the Internal Revenue Code”, “chapter 1 of such code”, and “such chapter 1” and inserting in lieu thereof “subtitle A of the Internal Revenue Code of 1954”, “subtitle A of such Code”, and “such subtitle A”, respectively. (9) (A) Section 213(a)(1) of such Act is amended by striking out “means” and inserting in lieu thereof “mean”. (B) Section 213(a)(2)(B)(ii) of such Act is amended by striking out “equal to $3,000” and inserting in lieu thereof “equal $3,000”. (10) (A) Section 215(a)(1) of such Act is amended— (i) by striking out “of such benefits” in subparagraph (B)(i) and inserting in lieu thereof “for such benefits”; (ii) by striking out “amounts” in subparagraph (B)(iii) and inserting in lieu thereof “amount”; and (iii) by striking out “scetion 217” in subparagraph (C)(ii) and inserting in lieu thereof “section 217”. (B) Section 215(a)(4) of such Act is amended by indenting subparagraph (B) two ems so as to align its left margin with the margin of subparagraph (A) (and by appropriately further indenting clauses (i) and (ii) of such subparagraph (B)). (C) Section 215(f)(2)(A) of such Act is amended by striking out “primary insurance account” and inserting in lieu thereof “primary insurance amount”. (D) Section 215(h) of such Act is amended— (i) by adding at the beginning thereof the following heading: “Service of Certain Public Health Service Officers”: and (ii) by striking out “Civil Service Commission” in paragraph (1) and inserting in lieu thereof “Director of the Office of Personnel Management”. (11) (A) Section 2203(d)(4) of Public Law 97–35 is amended by inserting after “at the end of paragraph (3)” the following: “(after and below subparagraph (C)(ii))”. (B) Section 216(i)(2)(F)(ii) of the Social Security Act is amended by striking out “enacted,” in the matter immediately preceding subdivision (i) and inserting in lieu thereof “enacted—”. (12) (A) Section 217(d) of such Act is amended by indenting paragraphs (1) and (2) two ems. (B) Section 217(e)(1) of such Act is amended by inserting “, National Oceanic and Atmospheric Administration Corps,” after “Coast and Geodetic Survey” in the last sentence. (C) Section 217(f)(1) of such Act is amended by striking out “Civil Service Commission” and inserting in lieu thereof “Director of the Office of Personnel Management”. (13) Section 218(i) of such Act is amended by striking out “subchapter A or E of chapter 9 of the Internal Revenue Code” and inserting in lieu thereof “chapter 21 and subtitle F of the Internal Revenue Code of 1954”. (14) Section 221(e) of such Act is amended by striking out “Federal Disability Trust Fund is charged” and inserting in lieu thereof “Federal Disability Insurance Trust Fund is charged”. (15) (A) Subsections (a) and (b)(1) of section 222 of such Act are 42 USC 422. amended by striking out “the Vocational Rehabilitation Act” each place it appears and inserting in lieu thereof “title I of the Rehabilitation Act of 1973”. (B) Section 222(b)(3) of such Act is amended by striking out “equal” and inserting in lieu thereof “equals”. (C) Section 222(b)(4) of such Act is amended by striking out “fulltime student” and inserting in lieu thereof “full-time elementary or secondary school student”. (16) Section 223(d)(2)(A) of such Act is amended by striking out “an 42 USC 423. individual” and inserting in lieu thereof “An individual”. (17) Section 226(b) of such Act is amended (in the matter following 42 USC 426. paragraph (2)(D) by striking out “part (A)” and inserting in lieu thereof f, part A”. (18) The last sentence of section 230(c) of such Act is amended by 97 Stat. 425. 42 USC 430. 42 USC 502. striking out “(3)(f)(3)” and inserting in lieu thereof “3(f)(3)”. (b) (1) Section 302(b) of such Act is amended by striking out all that follows “through” and precedes “and prior” and inserting in lieu thereof “the Fiscal Service of the Department of the Treasury”. (2) Section 303(a)(4) of such Act is amended by striking out 42 USC 503. “1606(b)” and inserting in lieu thereof “3305(b)”. (3) Section 303(a)(5) of such Act (as amended by the 1983 Amendments) is amended— (A) by striking out “1606(b)” and inserting in lieu thereof “3305(b)”; and (B) by striking out the punctuation mark immediately before the last proviso and inserting in lieu thereof a colon. (4) Section 303(c) of such Act is amended by striking out “That” in paragraphs (1) and (2) and inserting in lieu thereof “that”. (5) Section 303(e)(2)(A)(i) of such Act is amended by striking out “child support obligatons” and inserting in lieu thereof “child support obligations”. (c) (1) (A) Section 402(a)(9) of such Act is amended by striking out 42 USC 602. “use of disclosure” and inserting in lieu thereof “use or disclosure”. (B) Section 402(a)(14) of such Act is amended by striking out “(A) provide that” and inserting in lieu thereof “provide (A) that”. (C) Section 402(a)(19)(F)(i) of such Act is amended by striking out “or section 408” and inserting in lieu thereof “or section 472”. (D) Section 402(a)(19)(G) of such Act is amended by striking out the comma before “that” in clause (iv). (E) Section 402(a) of such Act is further amended— (i) by striking out “must” immediately before the first of its 36 numbered subdivisions and inserting in lieu thereof “must—”; (ii) by indenting and aligning such numbered subdivisions (without altering any of the numbering, language, or punctuation) to the extent necessary to make each of such subdivisions a numbered paragraph with its left margin indented two ems (and with any designated internal subdivisions within such paragraphs (including the numbered subdivisions in subparagraphs (A) and (B) of paragraph (8) and in subparagraph (A) of paragraph (14) but not including such subparagraphs themselves, and not including any of the subdivisions in paragraphs (9), (10), (15), (19)(G), (25), (30), (31), (33), and (36)) being appropriately further indented and aligned as subparagraphs or clauses); (iii) by striking out “and” after the semicolon at the end of paragraph (5); (iv) by striking out “clause” each place it appears in paragraphs (15)(A), (15)(B), and (19)(F) and inserting in lieu thereof “paragraph”; and (v) by striking out “section 402(a)(7)” in paragraph (19)(1)) and inserting in lieu thereof “paragraph (7)”. (F) Section 402(c) of such Act is amended by striking out “clause” each place it appears and inserting in lieu thereof “paragraph”. (G) Section 402(d)(2) of such Act is amended by striking out “section 43” and “section 43(g)” and inserting in lieu thereof “section 32” and “section 32(g)”, respectively. (2) (A) Section 403(b)(3) of such Act is amended by striking out all that follows “through” and precedes “and prior” and inserting in lieu thereof “the Fiscal Service of the Department of the Treasury”. (B) Clause (ii) in the last sentence of section 403(j) of such Act is amended by striking out the comma after “excess payments”. (3) (A) Section 406(b)(2) of such Act is amended by adding “and” after the semicolon at the end of clause (C), by striking out clause (D), and by redesignating clause (E) as clause (D). (B) (i) The last sentence of section 406(b) of such Act, and section 402(a)(19)(F)(i) of such Act, are each amended by striking out “clauses (A) through (E)” and inserting in lieu thereof “clauses (A) through (D)”. (ii) Section 402(a)(26)(B) of such Act is amended by striking out ‘ subparagraphs (A) through (E)” and inserting in lieu thereof “clauses (A) through (D)”. (4) (A) Section 407(b)(1)(C) of such Act is amended by striking out “such father”, and “he” each place it appears, and by inserting in lieu thereof in each instance “such parent”. (B) Section 407(b)(2)(A) of such Act is amended by striking out “thirty days” and inserting in lieu thereof “30 days”. (5) Section 409(a) of such Act is amended— (A) by striking out “vacanies” in paragraph (1)(B) and inserting in lieu thereof “vacancies”; and (B) by striking out “part (C)” in paragraph (3) and inserting in lieu thereof “part C” (6) Section 410 of such Act is amended by striking out “Food Stamp Act of 1964” in subsections (a) and (c) and inserting in lieu thereof “Food Stamp Act of 1977”. (7) (A) Section 414(b)(5) of such Act is amended by striking out “receipients” and inserting in lieu thereof “recipients”. (B) Section 415(b)(1)(B)(ii) of such Act is amended by striking out “determinig” and inserting in lieu thereof “determining”. (8) Section 420(b) of such Act is amended by striking out the comma immediately after “preceding sentence”. (9) Section 441 of such Act is amended by striking out “(a)”. (10) Section 444(d) of such Act is amended by striking out “rereferred” and inserting in lieu thereof “referred”. (11) Section 445(b)(1)(E) of such Act is amended by striking out “Comprehensive Employment and Training Act of 1973” and inserting in lieu thereof “Job Training Partnership Act”. (12) The second sentence of section 452(c)(2) of such Act is amended by striking out “preceding section” and inserting in lieu thereof “preceding sentence”. (13) Section 453(b)(2) of such Act is amended by striking out “, or the United States” and inserting in lieu thereof “of the United States”. (14) Section 454 of such Act is amended— (A) by striking out “of such parent” in paragraph (9)(C); (B) by striking out “collection and distribution,” in clause (A)(ii) of paragraph (16) and inserting in lieu thereof “collection, and distribution’; and (C) by indenting paragraph (17) two ems so as to align its left margin with the margins of the preceding paragraphs, and amending such paragraph (as so indented)— (i) by striking out “to accept” and inserting in lieu thereof “provide that the State will accept”, (ii) by striking out “and to impose” and inserting in lieu thereof “will impose”, (iii) by striking out “to transmit” and inserting in lieu thereof “will transmit”, and (iv) by striking out “, otherwise to comply” and inserting in lieu thereof “will otherwise comply”. (15) Section 456 of such Act is amended— 42 USC 656. (A) by inserting “(1)” after “Sec. 456. (a)”; (B) by striking out “(1) The amount” and inserting in lieu thereof “(2) The amount”; (C) by striking out “(2) Any” and inserting in lieu thereof “(3) Any”; and (D) by striking out “paragraphs (1) (A) and (B)” and inserting in lieu thereof “subparagraphs (A) and (B) of paragraph (2)”. (16) The heading of section 458 of such Act is amended by striking 42 USC 658. out “States” and inserting in lieu thereof “states”. (17) Section 462(f)(2) of such Act is amended by striking out 42 USC 662. “dependents” and inserting in lieu thereof “dependents’ (18) (A) Section 474(b)(4)(A) of such Act is amended by striking out 42 USC 674. “subparagraph (c)” and inserting in lieu thereof “subparagraph (C)”. (B) Section 474(c)(2) of such Act is amended by striking out “relvant” and inserting in lieu thereof “relevant”. (C) Section 474(d)(1) of such Act is amended— (i) by striking out “and (c)” the second place it appears and inserting in lieu thereof “and (C)”; and (ii) by striking out “secretary” and inserting in lieu thereof “Secretary”. (d) (1) Section 901(c) of such Act is amended by aligning paragraphs 42 USC 1101. (1) through (4) (including the subparagraphs in paragraph (3)) flush with the left margin (but with appropriate indentation in the case of the subparagraphs and clauses in paragraph (1)). (2) Section 901(f) of such Act is amended by moving paragraph (3) two ems to the left, so that its left margin is in flush alignment with the margins of the other paragraphs in such section. (3) Section 904(b) of such Act is amended by striking out “the 42 USC 1104. Second Liberty Bond Act, as amended,” and inserting in lieu thereof “chapter 31 of title 31, United States Code,”. (4) Section 908(d) of such Act is amended by striking out 42 USC 1108. “5703(b)” and inserting in lieu thereof “5703”. (e) (1) (A) Subparagraphs (C) and (D) of section 1101(a)(8) of such Act 42 USC 1301. are amended by indenting them 2 ems so as to align their left margin with the left margin of subparagraphs (A) and (B) of such section. (B) Paragraph (9) of section 1101(a) of such Act is amended by indenting it (including subparagraphs (A) through (D) and clauses (i) and (ii) of subparagraph (C)) 2 ems so as to align the left margin at the beginning of such paragraph with the left margin of paragraph (8)(A) of such section. (2) (A) Section 1107(a) of such Act is amended by striking out “subchapter E of chapter 1 or subchapter A, C, or E of chapter 9 of the Internal Revenue Code,” and inserting in lieu thereof “of chapter 2, 21, or 23 of the Internal Revenue Code of 1954, or of any provision of subtitle F of such Code which corresponds (within the meaning of section 7852(b) of such Code) to a provision contained in subchapter E of chapter 9 of the Internal Revenue Code of 1939,”. (B) The amendment made by subparagraph (A) shall not apply to returns filed or representations made on or before the date of the enactment of this Act. (3) Section 1107(b) of such Act is amended by striking out “former wife divorced,” each place it appears and inserting in lieu thereof “divorced wife, divorced husband, surviving divorced wife, surviving divorced husband, surviving divorced mother, surviving divorced father,”. (4) (A) Section 1114(g) of such Act is amended by striking out the period after “Code” and inserting in lieu thereof a comma. (B) Section 1114(h)(1) of such Act is amended by striking out “sections 281, 283, and 1914 of title 18 of the United States Code, and section 190 of the Revised Statutes (5 U.S.C. 99)” and insert in lieu thereof “sections 203, 205, and 209 of title 18, United States Code”. (5) Section 1115(a) of such Act is amended by striking out “VI,”, “602,”, and “603,”. (6) Section 1116 of such Act is amended— (A) by striking out “VI,” in subsections (a)(1), (b), and (d); (B) by striking out “604,” in subsection (a)(3); and (C) by striking out “XVI,” and all that follows through “part A” in subsection (d) and inserting in lieu thereof “XVI, or XIX, or part A”. (7) Section 1131(a) of such Act is amended— (A) by striking out the period after “section 204(d) of this Act” in paragraph (2)(B) and inserting in lieu thereof a comma; and (B) by moving the matter following paragraph (2)(B) two ems to the left so that it is flush with the left margin. (f) Title XIII of such Act is repealed. (g) (1) Section 1611(c) of such Act is amended by adding at the beginning thereof the following heading: (2) Section 1611(g) of such Act is amended by striking out “or individuals” and inserting in lieu thereof “or such individual”. (3) Section 1612(b)(2) of such Act is amended by indenting subparagraph (B) two ems so as to align its left margin with the margin of subparagraph (A). (4) Section 1612(b)(9) of such Act is amended by inserting a comma after “child”. (5) The heading of section 1613(c) of such Act is amended to read as follows: (6) Section 1614(a)(3) of such Act is amended by moving subparagraph (E) two ems to the left, so that its left margin is in flush alignment with the margins of the other subparagraphs in such section. (7) Section 1614(d)(1) of such Act is amended by striking out “man 42 USC 1382c. and women” and inserting in lieu thereof “man and woman”. (8) Section 1615 of such Act is amended by striking out “the 42 USC 1382d. Vocational Rehabilitation Act” in subsections (a), (c), and (d) and inserting in lieu thereof “title I of the Rehabilitation Act of 1973”. (9) Section 1618 of such Act is amended— 42 USC 1382g. (A) by moving subsection (d) two ems to the left, so that its left margin is in flush alignment with the margins of the other subsections in such section; (B) by striking out the comma after “levels of its” in such subsection (d); and (C) by inserting a comma after “1980”, and after “1976” each place it appears, in such subsection. (10) Section 1621(e) of such Act is amended by striking out “severably” 42 USC 1382j. and inserting in lieu thereof “severally”. (11) (A) Section 1631(b)(1) of such Act is amended by striking out 42 USC 1383. “equity or” and inserting in lieu thereof “equity and”. (B) Section 1631(b)(2) of such Act is amended by striking out “section 43” and “section 43(g)” and inserting in lieu thereof “section 32” and “section 32(g)”, respectively. (12) Section 1631(d)(1) of such Act is amended by striking out “(e), and (f)” and inserting in lieu thereof “and (e)”. (h) (1) Section 2002(b) of such Act is amended by striking out 42 USC 1397a. “section 203 of the Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4213)” and inserting in lieu thereof “section 6503 of title 31, United States Code,”. (2) Section 2006(c) of such Act is amended by striking out “section 42 USC 1397e. 202 of the Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4212)” and inserting in lieu thereof “section 6503 of title 31, United States Code” (i) (1) Section 3121(b)(1) of the Internal Revenue Code of 1954 is 42 USC 3121. amended by striking out “(A)” and all that follows down through “or (B)”. (2) Section 3121(i)(2) of such Code is amended by striking out “section 102(10) of the Servicemen’s and Veterans’ Survivor Benefits Act” and inserting in lieu thereof “chapter 3 and section 1009 of title 37, United States Code”. (3) Section 3121(m)(2) of such Code is amended— (A) by striking out “section 102 of the Servicemen’s and Veterans’ Survivor Benefits Act” and inserting in lieu thereof “paragraph (21) of section 101 of title 38, United States Code”; and (B) by striking out “such section” and inserting in lieu thereof “paragraph (22) of such section”. (4) Section 3121(m)(3) of such Code is amended by striking out “such section 102” and inserting in lieu thereof “paragraph (23) of such section 101”. (5) Section 3121(n) of such Code is amended— (A) by striking out “a reserve component of a uniformed service as defined in section 102(3) of the Servicemen’s and Veterans’ Survivor Benefits Act” in the first sentence and inserting in lieu thereof “a reserve component as defined in section 101(27) of title 38, United States Code”; (B) by inserting “, the National Oceanic and Atmospheric Administration Corps,” after “Coast and Geodetic Survey” in the first sentence; (C) by striking out “military or naval” each place it appears in paragraph (5) and inserting in lieu thereof “military, naval, or air”; and (D) by striking out “Universal Military Training and Service Act” in paragraph (5)(B) and inserting in lieu thereof “Military Selective Service Act”. (j) (1) Section 1101(a)(6) of the Social Security Act is amended by striking out “means” and all that follows and inserting in lieu thereof “means the Secretary of Health and Human Services.”. (2) The following provisions of such Act are amended by striking out “Health, Education, and Welfare” wherever it appears and inserting in lieu thereof “Health and Human Services”: (A) In title II— (i) subsections (a)(3), (a)(4), (b)(1), (b)(2), (g)(1), (g)(2), (g)(4), and (i)(1) of section 201; (ii) subsections (q)(4)(B), (q)(6)(B), and (r)(1) of section 218; and (iii) subsections (b)(3) and (b)(4) of section 231; (B) in title IV— (i) subsections (b)(2) and (b)(3) of section 403; (ii) subsection (a) of section 431; (iii) subsection (b) of section 436; (iv) section 439; (v) section 441; (vi) section 443; (vii) subsection (a) of section 444; (viii) subsection (a) of section 452; (ix) subsection (b)(1) of section 453; (x) paragraph (8)(B) of section 454; and (xi) section 460; (C) in title VII— (i) section 702; and (ii) subsection (c)(1) of section 706; (D) in title XI— (i) section 1102; (ii) subsection (b) of section 1106; (iii) subsection (b) of section 1107; (iv) subsection (c) of section 1114; (v) section 1120; and (vi) subsection (a) of section 1126; (E) in title XVI, section 1602; and (F) in title XVIII— (i) subsections (a), (f)(1), (g), and (h) of section 1817; (ii) subsections (a)(2) and (d)(1) of section 1840; (iii) subsections (f), (g), (h), and (i) of section 1841; and (iv) subsection (b)(3) of section 1842. (3) The following provisions of such Act are amended by striking out “of Health, Education, and Welfare” wherever it appears: (A) In title II— (i) subsections (a)(10)(B) and (i)(4)(A) of section 210; (ii) subsections (a)(2), (a)(3), (b)(2), (e)(2), (e)(3), and (f)(1) of section 217* (iii) subsections (a)(1), (c)(4), (d)(3), (d)(7), (h)(2), (h)(3), (i), (j), (k)(1), (l), and (p)(2) of section 218; (iv) subsection (g) of section 228; and (v) subsection (d) of section 233; (B) in title IV— (i) subsection (a)(3) of section 403; and 42 USC 603. 42 USC 607. 42 USC 1396. 42 USC 405. (ii) subsection (e) of section 407; and (C) in title XIX, section 1901. (4) Section 205(1) of such Act is amended by striking out “employ-ee” and all that follows down through “designated” and inserting in lieu thereof “employee of the Department of Health and Human Services designated’. (5) The following provisions of the Internal Revenue Code of 1954 are amended by striking out “Health, Education, and Welfare” each place it appears and inserting in lieu thereof “Health and Human Services” (A) Subsection (d)(6)(B)(ii) of section 51; 26 USC 51. (B) subsections (c)(1), (c)(2)(E), (g)(1), (g)(3)(A), and (g)(3)(B) of section 1402 26 USC 1402. 26 USC 6057. 26 USC 6103. 26 USC 6511. (C) subsection (b)(10)(B) of section 3121; (D) subsections (d) and (f) of section 6057; (E) subsection (i)(5) of section 6103; and (F) paragraph (5) of section 6511(d). (k) Sections 432(d), 432(f)(1), 433(g), and 434(b) of the Social Security Act are each amended by striking out “of Labor” wherever it 42 USC 632, 633, 634. appears. (l) Any reference to the Federal Security Administrator which 42 USC 1301 note. may remain in the provisions of title II, IV, VII, or XI of the Social Security Act (other than section 1101(a)(6) of such Act) is amended— 42 USC 401, 601, 901, 1301. 42 USC 1301. (1) by substituting “Secretary” or “Secretary’s” for the term “Administrator” or “Administrator’s”, where the reference is to that term alone; (2) by substituting “Secretary of Health, Education, and Welfare” for the term ‘ “Federal Security Administrator”, where the reference is to that term, if the provision containing such reference is amended by paragraph (2) or (3) of subsection (j) (in which case the amendment of such provision under this paragraph shall be deemed to have taken effect immediately prior to the amendment of such provision under such paragraph (2) or (3)); and (3) by substituting “Secretary of Health and Human Services” for the term “Federal Security Administrator” in any other case where the reference is to that term; and any reference to the Federal Security Agency which may remain in such provisions is amended by substituting “Department of Health and Human Services” for the term “Federal Security Agency”; but nothing in this subsection shall affect the exercise under section 402(a)(5) of such Act of the functions, powers, and 42 USC 602. duties relating to the prescription of personnel standards on a merit basis which were transferred from the Secretary of Health, Education, and Welfare by section 208(a)(3)(D) of Public Law 91–648. 42 USC 4728.
1989
Miscellaneous and Technical Social Security Act Amendments of 1989
Pub. L. 101–239 § 10307(a)(1) · 103 Stat. 2106
Inserted · 42 U.S.C. § 406(a)
Pub. L. 101–239, § 10307(a)(1), inserted at end “The Secretary shall maintain in the electronic information retrieval system used by the Social Security Administration a current record, with respect to any claimant before the Secretary, of the identity of any person representing such claimant in accordance with this subsection.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 101–239, § 10307(a)(1), inserted at end “The Secretary shall maintain in the electronic information retrieval system used by the Social Security Administration a current record, with respect to any claimant before the Secretary, of the identity of any person representing such claimant in accordance with this subsection.”
Enacted provision · exact public law section
(1) Old-age, survivors, and disability insurance.— Section 206(a) of the Social Security Act (42 U.S.C. 406(a)) is amended by adding at the end the following new sentence: “The Secretary shall maintain in the electronic information retrieval system used by the Social Security Administration a current record, with respect to any claimant before the Secretary, of the identity of any person representing such claimant in accordance with this subsection.”.
1989
Miscellaneous and Technical Social Security Act Amendments of 1989
Pub. L. 101–239 § 10307(b)(1) · 103 Stat. 2106
Added · 42 U.S.C. § 406(c)
Pub. L. 101–239, § 10307(b)(1), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 101–239, § 10307(b)(1), added subsec. (c).
Enacted provision · exact public law section
(1) Old-age, survivors, and disability insurance.— Section 206 of such Act (42 U.S.C. 406) is further amended by adding at the end the following new subsection: “(c) The Secretary shall notify each claimant in writing, together with the notice to such claimant of an adverse determination, of the options for obtaining attorneys to represent individuals in presenting their cases before the Secretary. Such notification shall also advise the claimant of the availability to qualifying claimants of legal services organizations which provide legal services free of charge.”.
1990
Omnibus Budget Reconciliation Act of 1990
Pub. L. 101–508 title V § 5106(a)(1) · 104 Stat. 1388
1. Amended · 42 U.S.C. § 406(a)
  Pub. L. 101–508 designated existing provisions as par. (1)
2. Substituted · 42 U.S.C. § 406(a)
  Pub. L. 101–508 substituted “Except as provided in paragraph (2)(A), whenever” for “Whenever” in fifth sentence
3. Substituted · 42 U.S.C. § 406(a)
  Pub. L. 101–508 substituted pars. (2) to (4) for “If as a result of such determination, such claimant is entitled to past-due benefits under this subchapter, the Secretary shall, notwithstanding section 405(i) of this title, certify for payment (out of such past-due benefits) to such attorney an amount equal to whichever of the following is the smaller: (A) 25 per centum of the total amount of such past-due benefits, (B) the amount of the attorney’s fee so fixed, or (C) the amount agreed upon between the claimant and such attorney as the fee for such attorney’s services.”
4. Inserted · 42 U.S.C. § 406(a)
  Pub. L. 101–508 inserted “(5)” before “Any person who”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 101–508 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2)(A), whenever” for “Whenever” in fifth sentence, substituted pars. (2) to (4) for “If as a result of such determination, such claimant is entitled to past-due benefits under this subchapter, the Secretary shall, notwithstanding section 405(i) of this title, certify for payment (out of such past-due benefits) to such attorney an amount equal to whichever of the following is the smaller: (A) 25 per centum of the total amount of such past-due benefits, (B) the amount of the attorney’s fee so fixed, or (C) the amount agreed upon between the claimant and such attorney as the fee for such attorney’s services.”, and inserted “(5)” before “Any person who”.
Enacted provision · exact public law section
(1) Title n.— Subsection (a) of section 206 (42 U.S.C. 406(a)) is amended— (A) by inserting “(1)” after “(a)”; (B) in the fifth sentence, by striking “Whenever” and inserting “Except as provided in paragraph (2)(A), whenever”; and (C) by striking the sixth sentence and all that follows through “Any person who” in the seventh sentence and inserting the following: “(2) (A) In the case of a claim of entitlement to past-due benefits under this title, if— “(i) an agreement between the claimant and another person regarding any fee to be recovered by such person to compensate such person for services with respect to the claim is presented in writing to the Secretary prior to the time of the Secretary’s determination regarding the claim, “(ii) the fee specified in the agreement does not exceed the lesser of— “(I) 25 percent of the total amount of such past-due benefits (as determined before any applicable reduction under section 1127(a)), or “(II) $4,000, and “(iii) the determination is favorable to the claimant, then the Secretary shall approve that agreement at the time of the favorable determination, and (subject to paragraph (3)) the fee specified in the agreement shall be the maximum fee. The Secretary may from time to time increase the dollar amount under clause (ii)(II) to the extent that the rate of increase in such amount, as determined over the period since January 1, 1991, does not at any time exceed the rate of increase in primary insurance amounts under section 215(i) since such date. The Secretary shall publish any such increased amount in the Federal Register. “(B) For purposes of this subsection, the term ‘past-due benefits’ excludes any benefits with respect to which payment has been continued pursuant to subsection (g) or (h) of section 223. “(C) In the case of a claim with respect to which the Secretary has approved an agreement pursuant to subparagraph (A), the Secretary shall provide the claimant and the person representing the claimant a written notice of— “(i) the dollar amount of the past-due benefits (as determined before any applicable reduction under section 1127(a)) and the dollar amount of the past-due benefits payable to the claimant, “(ii) the dollar amount of the maximum fee which may be charged or recovered as determined under this paragraph, and “(iii) a description of the procedures for review under paragraph (3). “(3) (A) The Secretary shall provide by regulation for review of the amount which would otherwise be the maximum fee as determined under paragraph (2) if, within 15 days after receipt of the notice provided pursuant to paragraph (2)(0— “(i) the claimant, or the administrative law judge or other adjudicator who made the favorable determination, submits a written request to the Secretary to reduce the maximum fee, or “(ii) the person representing the claimant submits a written request to the Secretary to increase the maximum fee. Any such review shall be conducted after providing the claimant, the person representing the claimant, and the adjudicator with reasonable notice of such request and an opportunity to submit written information in favor of or in opposition to such request. The adjudicator may request the Secretary to reduce the maximum fee only on the basis of evidence of the failure of the person representing the claimant to represent adequately the claimant’s interest or on the basis of evidence that the fee is clearly excessive for services rendered. “(B) (i) In the case of a request for review under subparagraph (A) by the claimant or by the person representing the claimant, such review shall be conducted by the administrative law judge who made the favorable determination or, if the Secretary determines that such administrative law judge is unavailable or if the determination was not made by an administrative law judge, such review shall be conducted by another person designated by the Secretary for such purpose. “(ii) In the case of a request by the adjudicator for review under subparagraph (A), the review shall be conducted by the Secretary or by an administrative law judge or other person (other than such adjudicator) who is designated by the Secretary. “(C) Upon completion of the review, the administrative law judge or other person conducting the review shall affirm or modify the amount which would otherwise be the maximum fee. Any such amount so affirmed or modified shall be considered the amount of the maximum fee which may be recovered under paragraph (2). The decision of the administrative law judge or other person conducting the review shall not be subject to further review. “(4) (A) Subject to subparagraph (B), if the claimant is determined to be entitled to past-due benefits under this title and the person representing the claimant is an attorney, the Secretary shall, notwithstanding section 205(i), certify for payment out of such past-due benefits (as determined before any applicable reduction under section 1127(a)) to such attorney an amount equal to so much of the maximum fee as does not exceed 25 percent of such past-due benefits (as determined before any applicable reduction under section 1127(a)). “(B) The Secretary shall not in any case certify any amount for payment to the attorney pursuant to this paragraph before the expiration of the 15-day period referred to in paragraph (3)(A) or, in the case of any review conducted under paragraph (3), before the completion of such review. “(5) Any person who”.
1994
Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
1. Substituted · 42 U.S.C. § 406(a)(1); 42 U.S.C. § 406(2)(A)
  Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in par. (1)
2. Substituted · 42 U.S.C. § 406(a)(1); 42 U.S.C. § 406(2)(A)
  Pub. L. 103–296, § 107(a)(4), substituted “before the Commissioner” for “before him” in par. (1)
3. Substituted · 42 U.S.C. § 406(a)(1); 42 U.S.C. § 406(2)(A)
  Pub. L. 103–296, § 107(a)(4), substituted “Commissioner’s” for “Secretary’s” in par. (1)
4. Substituted · 42 U.S.C. § 406(a)(1); 42 U.S.C. § 406(2)(A)
  Pub. L. 103–296, § 107(a)(4), substituted “the Commissioner shall, if the” for “he shall, if the” in par. (1)
Source evidence
Code amendment note
Subsec. (a)(1), (2)(A). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing, “before the Commissioner” for “before him” in two places, “Commissioner’s” for “Secretary’s” in two places, and “the Commissioner shall, if the” for “he shall, if the” in par. (1).
Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,
1994
Pub. L. 103–296 § 321(f)(4)(A)(ii) · 108 Stat. 1464
Redesignated · 42 U.S.C. § 406(a)(2)(C)
Pub. L. 103–296, § 321(f)(4)(A)(ii), added subpar. (C). Former subpar. (C) redesignated (D)
Source evidence
Code amendment note
Subsec. (a)(2)(C). Pub. L. 103–296, § 321(f)(4)(A)(ii), added subpar. (C). Former subpar. (C) redesignated (D).
Enacted provision · exact public law section
(ii) by inserting after subparagraph (B) the following new subparagraph:
1994
Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
1. Added · 42 U.S.C. § 406(a)(2)(C)
  Pub. L. 103–296, § 107(a)(4), in subpar. (C) as added by Pub. L. 103–296, § 321(f)(4)(A)(ii)
2. Substituted · 42 U.S.C. § 406(a)(2)(C)
  Pub. L. 103–296, § 107(a)(4), in subpar. (C) as substituted “Commissioner of Social Security” for “Secretary” in two places
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–296, § 107(a)(4), in subpar. (C) as added by Pub. L. 103–296, § 321(f)(4)(A)(ii), substituted “Commissioner of Social Security” for “Secretary” in two places.
Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,
1994
Pub. L. 103–296 § 321(f)(4)(A)(i) · 108 Stat. 1464
Redesignated · 42 U.S.C. § 406(a)(2)(D)
Pub. L. 103–296, § 321(f)(4)(A)(i), redesignated subpar. (C) as (D)
Source evidence
Code amendment note
Subsec. (a)(2)(D). Pub. L. 103–296, § 321(f)(4)(A)(i), redesignated subpar. (C) as (D).
Enacted provision · exact public law section
(i) by redesignating subparagraph (C) as subparagraph (D); and
1994
Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
1. Redesignated · 42 U.S.C. § 406(a)(2)(D)
  Pub. L. 103–296, § 107(a)(4), in subpar. (D) as redesignated by Pub. L. 103–296, § 321(f)(4)(A)(i)
2. Substituted · 42 U.S.C. § 406(a)(2)(D)
  Pub. L. 103–296, § 107(a)(4), in subpar. (D) as substituted “Commissioner of Social Security” for “Secretary” in two places in introductory provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–296, § 107(a)(4), in subpar. (D) as redesignated by Pub. L. 103–296, § 321(f)(4)(A)(i), substituted “Commissioner of Social Security” for “Secretary” in two places in introductory provisions.
Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,
1994
Pub. L. 103–296 § 321(f)(4)(B) · 108 Stat. 1464
Substituted · 42 U.S.C. § 406(a)(3)(A)
Pub. L. 103–296, § 321(f)(4)(B), substituted “paragraph (2)(D)” for “paragraph (2)(C)” in introductory provisions
Source evidence
Code amendment note
Subsec. (a)(3)(A). Pub. L. 103–296, § 321(f)(4)(B), substituted “paragraph (2)(D)” for “paragraph (2)(C)” in introductory provisions.
Enacted provision · exact public law section
(4) Application of single dollar amount ceiling to concurrent claims under titles ii and xvi.— (A) In general.— Section 206(a)(2) of such Act (as amended by section 5106(a)(1) of the Omnibus Budget Reconciliation Act of 1990) (42 U.S.C. 406(a)(2)) is amended— (i) by redesignating subparagraph (C) as subparagraph (D); and (ii) by inserting after subparagraph (B) the following new subparagraph:
1994
Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
Substituted · 42 U.S.C. § 406(a)(3)(A)
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.
Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,
1994
Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
Substituted · 42 U.S.C. § 406(a)(3)(B); 42 U.S.C. § 406(a)(3)(4); 42 U.S.C. § 406(a)(3)(5)
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing
Source evidence
Code amendment note
Subsec. (a)(3)(B), (4), (5). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.
Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,
1994
Pub. L. 103–296 § 321(f)(3)(B)(i) · 108 Stat. 1464
1. Amended · 42 U.S.C. § 406(b)(1)
  Pub. L. 103–296, § 321(f)(3)(B)(i), designated existing provisions as subpar. (A)
2. Added · 42 U.S.C. § 406(b)(1)
  Pub. L. 103–296, § 321(f)(3)(B)(i), added subpar. (B)
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 103–296, § 321(f)(3)(B)(i), designated existing provisions as subpar. (A) and added subpar. (B).
Enacted provision · exact public law section
(3) Amendments related to provisions in section 5106 relating to coordination of rules under titles ii and xvi governing fees for representatives of claimants with entitlements under both titles.— (A) Calculation of fee of claimant’s representative based on amount of past-due supplemental security income benefits after application of windfall offset provision.— Section 1631(d)(2)(A)(i) of the Social Security Act (as amended by section 5106(a)(2) of the Omnibus Budget Reconciliation Act of 1990) (42 U.S.C. 1383(d)(2)(A)(i)) is amended to read as follows:
1994
Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
1. Amended · 42 U.S.C. § 406(b)(1)(A)
  Pub. L. 103–296, § 107(a)(4), in subpar. (A) as designated by Pub. L. 103–296, § 321(f)(3)(B)(i)
2. Substituted · 42 U.S.C. § 406(b)(1)(A)
  Pub. L. 103–296, § 107(a)(4), in subpar. (A) as substituted “Commissioner of Social Security” for “Secretary”
Source evidence
Code amendment note
Subsec. (b)(1)(A). Pub. L. 103–296, § 107(a)(4), in subpar. (A) as designated by Pub. L. 103–296, § 321(f)(3)(B)(i), substituted “Commissioner of Social Security” for “Secretary”.
Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,
1994
Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
Substituted · 42 U.S.C. § 406(c)
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places
Source evidence
Code amendment note
Subsec. (c). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.
Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,
1999
Pub. L. 106–170 § 406(a)(2)(A) · 113 Stat. 1860
1. Struck · 42 U.S.C. § 406(a)(4)
  Pub. L. 106–170, § 406(a)(2)(A), (b), struck out “(A)” after “(4)”
2. Substituted · 42 U.S.C. § 406(a)(4)
  Pub. L. 106–170, § 406(a)(2)(A), (b), substituted “subsection (d)” for “subparagraph (B)”
3. Struck · 42 U.S.C. § 406(a)(4)
  Pub. L. 106–170, § 406(a)(2)(A), (b), struck out subpar. (B) which read as follows: “The Commissioner of Social Security shall not in any case certify any amount for payment to the attorney pursuant to this paragraph before the expiration of the 15-day period referred to in paragraph (3)(A) or, in the case of any review conducted under paragraph (3), before the completion of such review.”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 106–170, § 406(a)(2)(A), (b), struck out “(A)” after “(4)”, substituted “subsection (d)” for “subparagraph (B)”, and struck out subpar. (B) which read as follows: “The Commissioner of Social Security shall not in any case certify any amount for payment to the attorney pursuant to this paragraph before the expiration of the 15-day period referred to in paragraph (3)(A) or, in the case of any review conducted under paragraph (3), before the completion of such review.”
Enacted provision · exact public law section
(A) Section 206(a)(4)(A) of such Act (42 U.S.C.406(a)(4)(A)) is amended by inserting “and subsection (d)” after “subparagraph (B)”.
1999
Pub. L. 106–170 § 406(a)(2)(B) · 113 Stat. 1860
Inserted · 42 U.S.C. § 406(b)(1)(A)
Pub. L. 106–170, § 406(a)(2)(B), inserted “, but subject to subsection (d) of this section” after “section 405(i) of this title”
Source evidence
Code amendment note
Subsec. (b)(1)(A). Pub. L. 106–170, § 406(a)(2)(B), inserted “, but subject to subsection (d) of this section” after “section 405(i) of this title”.
Enacted provision · exact public law section
(B) Section 206(b)(1)(A) of such Act (42 U.S.C. 406(b)(1)(A)) is amended by inserting “, but subject to subsection (d) of this section” after “section 205(i)”.
1999
Pub. L. 106–170 § 406(a)(1) · 113 Stat. 1860
Added · 42 U.S.C. § 406(d)
Pub. L. 106–170, § 406(a)(1), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 106–170, § 406(a)(1), added subsec. (d).
Enacted provision · exact public law section
(1) In General.— Section 206 of the Social Security Act (42 U.S.C. 406) is amended by adding at the end the following new subsection: “(d) Assessment on Attorneys.— “(1) In general.— Whenever a fee for services is required to be certified for payment to an attorney from a claimant’s past-due benefits pursuant to subsection (a)(4) or (b)(1), the Commissioner shall impose on the attorney an assessment calculated in accordance with paragraph (2). “(2) Amount.— “(A) The amount of an assessment under paragraph(1) shall be equal to the product obtained by multiplying the amount of the representative’s fee that would be required to be so certified by subsection (a)(4) or (b)(1) before the application of this subsection, by the percentage specified in subparagraph (B). “(B) The percentage specified in this subparagraph is— “(i) for calendar years before 2001, 6.3 percent, and “(ii) for calendar years after 2000, such percentage rate as the Commissioner determines is necessary in order to achieve full recovery of the costs of determining and certifying fees to attorneys from the past-due benefits of claimants, but not in excess of 6.3 percent. “(3) Collection.— The Commissioner may collect the assessment imposed on an attorney under paragraph (1) by offset from the amount of the fee otherwise required by subsection (a)(4) or (b)(1) to be certified for payment to the attorney from a claimant’s past-due benefits. “(4) Prohibition on claimant reimbursement.— An attorney subject to an assessment under paragraph (1) may not, directly or indirectly, request or otherwise obtain reimbursement for such assessment from the claimant whose claim gave rise to the assessment. “(5) Disposition of assessments.— Assessments on attorneys collected under this subsection shall be credited to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate. “(6) Authorization of appropriations.— The assessments authorized under this section shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Amounts so appropriated are authorized to remain available until expended, for administrative expenses in carrying out this title and related laws.” .
2004
Pub. L. 108–203 § 205 · 118 Stat. 493
Inserted · 42 U.S.C. § 406(a)(1)
Pub. L. 108–203, § 205, inserted “Notwithstanding the preceding sentences, the Commissioner, after due notice and opportunity for hearing, (A) may refuse to recognize as a representative, and may disqualify a representative already recognized, any attorney who has been disbarred or suspended from any court or bar to which he or she was previously admitted to practice or who has been disqualified from participating in or appearing before any Federal program or agency, and (B) may refuse to recognize, and may disqualify, as a non-attorney representative any attorney who has been disbarred or suspended from any court or bar to which he or she was previously admitted to practice. A representative who has been disqualified or suspended pursuant to this section from appearing before the Social Security Administration as a result of collecting or receiving a fee in excess of the amount authorized shall be barred from appearing before the Social Security Administration as a representative until full restitution is made to the claimant and, thereafter, may be considered for reinstatement only under such rules as the Commissioner may prescribe.” after “claimants before the Commissioner of Social Security.”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 108–203, § 205, inserted “Notwithstanding the preceding sentences, the Commissioner, after due notice and opportunity for hearing, (A) may refuse to recognize as a representative, and may disqualify a representative already recognized, any attorney who has been disbarred or suspended from any court or bar to which he or she was previously admitted to practice or who has been disqualified from participating in or appearing before any Federal program or agency, and (B) may refuse to recognize, and may disqualify, as a non-attorney representative any attorney who has been disbarred or suspended from any court or bar to which he or she was previously admitted to practice. A representative who has been disqualified or suspended pursuant to this section from appearing before the Social Security Administration as a result of collecting or receiving a fee in excess of the amount authorized shall be barred from appearing before the Social Security Administration as a representative until full restitution is made to the claimant and, thereafter, may be considered for reinstatement only under such rules as the Commissioner may prescribe.” after “claimants before the Commissioner of Social Security.”
Enacted provision · exact public law section
SEC. 205. REFUSAL TO RECOGNIZE CERTAIN INDIVIDUALS AS CLAIMANT REPRESENTATIVES. Section 206(a)(1) of the Social Security Act (42 U.S.C. 406(a)(1)) is amended by inserting after the second sentence the following: “Notwithstanding the preceding sentences, the Commissioner, after due notice and opportunity for hearing, (A) may refuse to recognize as a representative, and may disqualify a representative already recognized, any attorney who has been disbarred or suspended from any court or bar to which he or she was previously admitted to practice or who has been disqualified from participating in or appearing before any Federal program or agency, and (B) may refuse to recognize, and may disqualify, as a non-attorney representative any attorney who has been disbarred or suspended from any court or bar to which he or she was previously admitted to practice. A representative who has been disqualified or suspended pursuant to this section from appearing before the Social Security Administration as a result of collecting or receiving a fee in excess of the amount authorized shall be barred from appearing before the Social Security Administration as a representative until full restitution is made to the claimant and, thereafter, may be considered for reinstatement only under such rules as the Commissioner may prescribe.”.
2004
Pub. L. 108–203 § 301(a) · 118 Stat. 493
1. Inserted · 42 U.S.C. § 406(d)(2)(A)
  Pub. L. 108–203, § 301(a), inserted “, except that the maximum amount of the assessment may not exceed the greater of $75 or the adjusted amount as provided pursuant to the following two sentences” after “subparagraph (B)”
2. Inserted · 42 U.S.C. § 406(d)(2)(A)
  Pub. L. 108–203, § 301(a), inserted at end “In the case of any calendar year beginning after the amendments made by section 301 of the Social Security Protection Act of 2003 take effect, the dollar amount specified in the preceding sentence (including a previously adjusted amount) shall be adjusted annually under the procedures used to adjust benefit amounts under section 415(i)(2)(A)(ii) of this title, except such adjustment shall be based on the higher of $75 or the previously adjusted amount that would have been in effect for December of the preceding year, but for the rounding of such amount pursuant to the following sentence. Any amount so adjusted that is not a multiple of $1 shall be rounded to the next lowest multiple of $1, but in no case less than $75.”
Source evidence
Code amendment note
Subsec. (d)(2)(A). Pub. L. 108–203, § 301(a), inserted “, except that the maximum amount of the assessment may not exceed the greater of $75 or the adjusted amount as provided pursuant to the following two sentences” after “subparagraph (B)” and inserted at end “In the case of any calendar year beginning after the amendments made by section 301 of the Social Security Protection Act of 2003 take effect, the dollar amount specified in the preceding sentence (including a previously adjusted amount) shall be adjusted annually under the procedures used to adjust benefit amounts under section 415(i)(2)(A)(ii) of this title, except such adjustment shall be based on the higher of $75 or the previously adjusted amount that would have been in effect for December of the preceding year, but for the rounding of such amount pursuant to the following sentence. Any amount so adjusted that is not a multiple of $1 shall be rounded to the next lowest multiple of $1, but in no case less than $75.”
Enacted provision · exact public law section
(a) In General.— Section 206(d)(2)(A) of the Social Security Act (42 U.S.C. 406(d)(2)(A)) is amended— (1) by inserting “, except that the maximum amount of the assessment may not exceed the greater of $75 or the adjusted amount as provided pursuant to the following two sentences” after “subparagraph (B)”; and (2) by adding at the end the following: “In the case of any calendar year beginning after the amendments made by section 301 of the Social Security Protection Act of 2003 take effect, the dollar amount specified in the preceding sentence (including a previously adjusted amount) shall be adjusted annually under the procedures used to adjust benefit amounts under section 215(i)(2)(A)(ii), except such adjustment shall be based on the higher of $75 or the previously adjusted amount that would have been in effect for December of the preceding year, but for the rounding of such amount pursuant to the following sentence. Any amount so adjusted that is not a multiple of $1 shall be rounded to the next lowest multiple of $1, but in no case less than $75.”.
2010
Social Security Disability Applicants’ Access to Professional Representation Act of 2010
Pub. L. 111–142 § 3(a) · 124 Stat. 38
Added · 42 U.S.C. § 406(e)
Pub. L. 111–142 added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 111–142 added subsec. (e).
Enacted provision · exact public law section
(a) In General.— Section 206 of the Social Security Act (42 U.S.C. 406) is amended by adding at the end the following new subsection: “(e) (1) The Commissioner shall provide for the extension of the fee withholding procedures and assessment procedures that apply under the preceding provisions of this section to agents and other persons, other than attorneys, who represent claimants under this title before the Commissioner. “(2) Fee-withholding procedures may be extended under paragraph (1) to any nonattorney representative only if such representative meets at least the following prerequisites: “(A) The representative has been awarded a bachelor’s degree from an accredited institution of higher education, or has been determined by the Commissioner to have equivalent qualifications derived from training and work experience. “(B) The representative has passed an examination, written and administered by the Commissioner, which tests knowledge of the relevant provisions of this Act and the most recent developments in agency and court decisions affecting this title and title XVI. “(C) The representative has secured professional liability insurance, or equivalent insurance, which the Commissioner has determined to be adequate to protect claimants in the event of malpractice by the representative. “(D) The representative has undergone a criminal background check to ensure the representative’s fitness to practice before the Commissioner. “(E) The representative demonstrates ongoing completion of qualified courses of continuing education, including education regarding ethics and professional conduct, which are designed to enhance professional knowledge in matters related to entitlement to, or eligibility for, benefits based on disability under this title and title XVI. Such continuing education, and the instructors providing such education, shall meet such standards as the Commissioner may prescribe. “(3) (A) The Commissioner may assess representatives reasonable fees to cover the cost to the Social Security Administration of administering the prerequisites described in paragraph (2). “(B) Fees collected under subparagraph (A) shall be credited to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, or deposited as miscellaneous receipts in the general fund of the Treasury, based on such allocations as the Commissioner determines appropriate. “(C) The fees authorized under this paragraph shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Amounts so appropriated are authorized to remain available until expended for administering the prerequisites described in paragraph (2).” .
Effective date note
Pub. L. 111–142, § 3(c), Feb. 27, 2010, 124 Stat. 39, provided that: “The Commissioner of Social Security shall provide for full implementation of the provisions of section 206(e) of the Social Security Act [42 U.S.C. 406(e)] (as added by subsection (a)) and the amendments made by subsection (b) [amending section 1383 of this title and provisions set out as a note under this section] not later than March 1, 2010.”

38 of 39 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

Section 301 of the Social Security Protection Act of 2003, referred to in subsec. (d)(2)(A), probably means section 301 of the Social Security Protection Act of 2004, Pub. L. 108–203, which amended this section and enacted provisions set out as a note below.

Amendments1939–2010 · 12 rounds

2010

Subsec. (e). Pub. L. 111–142 added subsec. (e).

2004

Subsec. (a)(1). Pub. L. 108–203, § 205, inserted “Notwithstanding the preceding sentences, the Commissioner, after due notice and opportunity for hearing, (A) may refuse to recognize as a representative, and may disqualify a representative already recognized, any attorney who has been disbarred or suspended from any court or bar to which he or she was previously admitted to practice or who has been disqualified from participating in or appearing before any Federal program or agency, and (B) may refuse to recognize, and may disqualify, as a non-attorney representative any attorney who has been disbarred or suspended from any court or bar to which he or she was previously admitted to practice. A representative who has been disqualified or suspended pursuant to this section from appearing before the Social Security Administration as a result of collecting or receiving a fee in excess of the amount authorized shall be barred from appearing before the Social Security Administration as a representative until full restitution is made to the claimant and, thereafter, may be considered for reinstatement only under such rules as the Commissioner may prescribe.” after “claimants before the Commissioner of Social Security.”

Subsec. (d)(2)(A). Pub. L. 108–203, § 301(a), inserted “, except that the maximum amount of the assessment may not exceed the greater of $75 or the adjusted amount as provided pursuant to the following two sentences” after “subparagraph (B)” and inserted at end “In the case of any calendar year beginning after the amendments made by section 301 of the Social Security Protection Act of 2003 take effect, the dollar amount specified in the preceding sentence (including a previously adjusted amount) shall be adjusted annually under the procedures used to adjust benefit amounts under section 415(i)(2)(A)(ii) of this title, except such adjustment shall be based on the higher of $75 or the previously adjusted amount that would have been in effect for December of the preceding year, but for the rounding of such amount pursuant to the following sentence. Any amount so adjusted that is not a multiple of $1 shall be rounded to the next lowest multiple of $1, but in no case less than $75.”

1999

Subsec. (a)(4). Pub. L. 106–170, § 406(a)(2)(A), (b), struck out “(A)” after “(4)”, substituted “subsection (d)” for “subparagraph (B)”, and struck out subpar. (B) which read as follows: “The Commissioner of Social Security shall not in any case certify any amount for payment to the attorney pursuant to this paragraph before the expiration of the 15-day period referred to in paragraph (3)(A) or, in the case of any review conducted under paragraph (3), before the completion of such review.”

Subsec. (b)(1)(A). Pub. L. 106–170, § 406(a)(2)(B), inserted “, but subject to subsection (d) of this section” after “section 405(i) of this title”.

Subsec. (d). Pub. L. 106–170, § 406(a)(1), added subsec. (d).

1994

Subsec. (a)(1), (2)(A). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing, “before the Commissioner” for “before him” in two places, “Commissioner’s” for “Secretary’s” in two places, and “the Commissioner shall, if the” for “he shall, if the” in par. (1).

Subsec. (a)(2)(C). Pub. L. 103–296, § 321(f)(4)(A)(ii), added subpar. (C). Former subpar. (C) redesignated (D).

Pub. L. 103–296, § 107(a)(4), in subpar. (C) as added by Pub. L. 103–296, § 321(f)(4)(A)(ii), substituted “Commissioner of Social Security” for “Secretary” in two places.

Subsec. (a)(2)(D). Pub. L. 103–296, § 321(f)(4)(A)(i), redesignated subpar. (C) as (D).

Pub. L. 103–296, § 107(a)(4), in subpar. (D) as redesignated by Pub. L. 103–296, § 321(f)(4)(A)(i), substituted “Commissioner of Social Security” for “Secretary” in two places in introductory provisions.

Subsec. (a)(3)(A). Pub. L. 103–296, § 321(f)(4)(B), substituted “paragraph (2)(D)” for “paragraph (2)(C)” in introductory provisions.

Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

Subsec. (a)(3)(B), (4), (5). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

Subsec. (b)(1). Pub. L. 103–296, § 321(f)(3)(B)(i), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (b)(1)(A). Pub. L. 103–296, § 107(a)(4), in subpar. (A) as designated by Pub. L. 103–296, § 321(f)(3)(B)(i), substituted “Commissioner of Social Security” for “Secretary”.

Subsec. (c). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places.

1990

Subsec. (a). Pub. L. 101–508 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2)(A), whenever” for “Whenever” in fifth sentence, substituted pars. (2) to (4) for “If as a result of such determination, such claimant is entitled to past-due benefits under this subchapter, the Secretary shall, notwithstanding section 405(i) of this title, certify for payment (out of such past-due benefits) to such attorney an amount equal to whichever of the following is the smaller: (A) 25 per centum of the total amount of such past-due benefits, (B) the amount of the attorney’s fee so fixed, or (C) the amount agreed upon between the claimant and such attorney as the fee for such attorney’s services.”, and inserted “(5)” before “Any person who”.

1989

Subsec. (a). Pub. L. 101–239, § 10307(a)(1), inserted at end “The Secretary shall maintain in the electronic information retrieval system used by the Social Security Administration a current record, with respect to any claimant before the Secretary, of the identity of any person representing such claimant in accordance with this subsection.”

Subsec. (c). Pub. L. 101–239, § 10307(b)(1), added subsec. (c).

1984

Pub. L. 98–369 substituted “Secretary” and “Secretary’s” for “Administrator” and “Administrator’s”, respectively, wherever appearing.

1968

Subsec. (a). Pub. L. 90–248 provided for fixing of attorneys fees for claimants and for certification of amount for payment out of past-due benefits.

1965

Pub. L. 89–97 designated existing provisions as subsec. (a) and added subsec. (b).

1958

Pub. L. 85–840 struck out provisions which required attorneys to file a certificate of their right to practice.

1950

Act Aug. 28, 1950, substituted “Administrator” for “Board” and “Administrator’s” for “Board’s”.

1939

Act Aug. 10, 1939, substituted the provisions of this section for former provisions relating to overpayments during life, now covered by section 404 of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–142, § 3(c), Feb. 27, 2010, 124 Stat. 39, provided that: “The Commissioner of Social Security shall provide for full implementation of the provisions of section 206(e) of the Social Security Act [42 U.S.C. 406(e)] (as added by subsection (a)) and the amendments made by subsection (b) [amending section 1383 of this title and provisions set out as a note under this section] not later than March 1, 2010.”

Effective Date of 2004 Amendment

Pub. L. 108–203, title III, § 301(b), Mar. 2, 2004, 118 Stat. 519, provided that: “The amendments made by this section [amending this section] shall apply with respect to fees for representation of claimants which are first required to be certified or paid under section 206 of the Social Security Act [42 U.S.C. 406] on or after the first day of the first month that begins after 180 days after the date of the enactment of this Act [Mar. 2, 2004].”

Effective Date of 1999 Amendment

Pub. L. 106–170, title IV, § 406(d), Dec. 17, 1999, 113 Stat. 1913, provided that:

“The amendments made by this section [amending this section and enacting provisions set out as a note under this section] shall apply in the case of any attorney with respect to whom a fee for services is required to be certified for payment from a claimant’s past-due benefits pursuant to subsection (a)(4) or (b)(1) of section 206 of the Social Security Act [42 U.S.C. 406] after the later of—
“(1)
December 31, 1999, or
#
“(2)
the last day of the first month beginning after the month in which this Act is enacted [Dec. 1999].”
#

Effective Date of 1994 Amendment

Amendment by section 107(a)(4) of Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title.

Amendment by section 321(f)(3)(B)(i), (4) of Pub. L. 103–296 effective as if included in the provisions of the Omnibus Budget Reconciliation Act of 1990, Pub. L. 101–508, to which such amendment relates, except that amendment by section 321(f)(3)(B)(i) applicable with respect to favorable judgments made after 180 days after Aug. 15, 1994, see section 321(f)(5) of Pub. L. 103–296, set out as a note under section 405 of this title.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–508 applicable with respect to determinations made on or after July 1, 1991, and to reimbursement for travel expenses incurred on or after Apr. 1, 1991, see section 5106(d) of Pub. L. 101–508, set out as a note under section 401 of this title.

Effective Date of 1989 Amendment

Pub. L. 101–239, title X, § 10307(a)(3), Dec. 19, 1989, 103 Stat. 2485, provided that: “The amendments made by this subsection [amending this section and section 1383 of this title] shall take effect June 1, 1991.”

Pub. L. 101–239, title X, § 10307(b)(3), Dec. 19, 1989, 103 Stat. 2485, provided that: “The amendments made by this subsection [amending this section and section 1383 of this title] shall apply with respect to adverse determinations made on or after January 1, 1991.”

Effective Date of 1939 Amendment

Act Aug. 10, 1939, ch. 666, title II, § 201, 53 Stat. 1362, provided that the amendment made by that section is effective Jan. 1, 1940.

Nationwide Demonstration Project Providing for Extension of Fee Withholding Procedures to Non-Attorney Representatives

Pub. L. 108–203, title III, § 303, Mar. 2, 2004, 118 Stat. 521, as amended by Pub. L. 111–142, § 3(b)(2), Feb. 27, 2010, 124 Stat. 39, provided that:

“(a)
In General.—
The Commissioner of Social Security (hereafter in this section referred to as the ‘Commissioner’) shall develop and carry out a nationwide demonstration project under this section with respect to agents and other persons, other than attorneys, who represent claimants under titles II and XVI of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq.] before the Commissioner. The demonstration project shall be designed to determine the potential results of extending to such representatives the fee withholding procedures and assessment procedures that apply under sections 206 and section [sic] 1631(d)(2) of such Act [42 U.S.C. 406, 1383(d)(2)] to attorneys seeking direct payment out of past due benefits under such titles and shall include an analysis of the effect of such extension on claimants and program administration.
#
“(b)
Standards for Inclusion in Demonstration Project.—
Fee-withholding procedures may be extended under the demonstration project carried out pursuant to subsection (a) to any non-attorney representative only if such representative meets at least the following prerequisites:
“(1)
The representative has been awarded a bachelor’s degree from an accredited institution of higher education, or has been determined by the Commissioner to have equivalent qualifications derived from training and work experience.
#
“(2)
The representative has passed an examination, written and administered by the Commissioner, which tests knowledge of the relevant provisions of the Social Security Act [42 U.S.C. 301 et seq.] and the most recent developments in agency and court decisions affecting titles II and XVI of such Act [42 U.S.C. 401 et seq., 1381 et seq.].
#
“(3)
The representative has secured professional liability insurance, or equivalent insurance, which the Commissioner has determined to be adequate to protect claimants in the event of malpractice by the representative.
#
“(4)
The representative has undergone a criminal background check to ensure the representative’s fitness to practice before the Commissioner.
#
“(5)
The representative demonstrates ongoing completion of qualified courses of continuing education, including education regarding ethics and professional conduct, which are designed to enhance professional knowledge in matters related to entitlement to, or eligibility for, benefits based on disability under titles II and XVI of such Act. Such continuing education, and the instructors providing such education, shall meet such standards as the Commissioner may prescribe.
#
#
“(c)
Assessment of Fees.—
“(1)
In general.—
The Commissioner may assess representatives reasonable fees to cover the cost to the Social Security Administration of administering the prerequisites described in subsection (b).
#
“(2)
Disposition of fees.—
Fees collected under paragraph (1) shall be credited to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, or deposited as miscellaneous receipts in the general fund of the Treasury, based on such allocations as the Commissioner of Social Security determines appropriate.
#
“(3)
Authorization of appropriations.—
The fees authorized under this subparagraph shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Amounts so appropriated are authorized to remain available until expended for administering the prerequisites described in subsection (b).
#
#
“(d)
Notice to Congress and Applicability of Fee Withholding Procedures.—
Not later than 1 year after the date of enactment of this Act [Mar. 2, 2004], the Commissioner shall complete such actions as are necessary to fully implement the requirements for full operation of the demonstration project and shall submit to each House of Congress a written notice of the completion of such actions [Such notices submitted Feb. 28, 2005.]. The applicability under this section to non-attorney representatives of the fee withholding procedures and assessment procedures under sections 206 and 1631(d)(2) of the Social Security Act [42 U.S.C. 406, 1383(d)(2)] shall be effective with respect to fees for representation of claimants in the case of claims for benefits with respect to which the agreement for representation is entered into by such non-attorney representatives during the period beginning with the date of the submission of such notice by the Commissioner to Congress and ending with the termination date of the demonstration project.
#
“(e)
Reports by the Commissioner; Termination.—
“(1)
Interim reports.—
On or before the date which is 1 year after the date of enactment of this Act [Mar. 2, 2004], and annually thereafter, the Commissioner shall transmit to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate an annual interim report on the progress of the demonstration project carried out under this section, together with any related data and materials that the Commissioner may consider appropriate.
#
“(2)
Termination date.—
The termination date of the demonstration project under this section is the date which is 5 years after the date of the submission of the notice by the Commissioner to each House of Congress pursuant to subsection (d). The authority under the preceding provisions of this section shall not apply in the case of claims for benefits with respect to which the agreement for representation is entered into after the termination date.”
#
#

GAO Study Regarding the Fee Payment Process for Claimant Representatives

Pub. L. 108–203, title III, § 304, Mar. 2, 2004, 118 Stat. 523, directed the Comptroller General of the United States to study and evaluate the appointment and payment of attorney and non-attorney claimant representatives appearing before the Commissioner of Social Security in connection with benefit claims under titles II and XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) and to report to the appropriate committees of Congress not later than 3 years after the date of the submission by the Commissioner of Social Security to Congress pursuant to section 303(d) of Pub. L. 108–203 (set out above) of written notice of completion of full implementation of the requirements for operation of the demonstration project under section 303 of Pub. L. 108–203.

GAO Study and Report

Pub. L. 106–170, title IV, § 406(c), Dec. 17, 1999, 113 Stat. 1912, directed the Comptroller General of the United States to conduct a study, and to submit a report on the study’s results to the appropriate committees of Congress not later than 1 year after Dec. 17, 1999, that examined the costs incurred by the Social Security Administration in administering 42 U.S.C. 406(a)(4), (b)(1) and itemized the components of such costs; identified efficiencies that the Administration could implement to reduce such costs; examined the feasibility and advisability of linking the payment of, or the amount of, the assessment under 42 U.S.C. 406(d) to the timeliness of the payment of the fee to the attorney as certified by the Commissioner of Social Security pursuant to 42 U.S.C. 406(a)(4), (b)(1); determined whether 42 U.S.C. 406(a)(4), (b)(1) should be applied to claimants under title XVI of the Social Security Act (42 U.S.C 1381 et seq.); determined the feasibility and advisability of stating fees under 42 U.S.C. 406(d) in terms of a fixed dollar amount as opposed to a percentage; determined whether the dollar limit specified in 42 U.S.C. 406(a)(2)(A)(ii)(II) should be raised; and determined whether the assessment on attorneys required under 42 U.S.C. 406(d) impaired access to legal representation for claimants.

Credits

1935–2010 · 13 acts

1935Aug. 14, 1935, ch. 531, title II, § 206, 49 Stat. 624
1939Aug. 10, 1939, ch. 666, title II, § 201, 53 Stat. 1362, 1372
1950Aug. 28, 1950, ch. 809, title I, § 109(b)(1), 64 Stat. 523
1958Pub. L. 85–840, title III, § 309, Aug. 28, 1958, 72 Stat. 1034
1965Pub. L. 89–97, title III, § 332, July 30, 1965, 79 Stat. 403
1968Pub. L. 90–248, title I, § 173, Jan. 2, 1968, 81 Stat. 877
1984Pub. L. 98–369, div. B, title VI, § 2663(l)(1), July 18, 1984, 98 Stat. 1171
1989Pub. L. 101–239, title X, § 10307(a)(1), (b)(1), Dec. 19, 1989, 103 Stat. 2484, 2485
1990Pub. L. 101–508, title V, § 5106(a)(1), Nov. 5, 1990, 104 Stat. 1388–266
1994Pub. L. 103–296, title I, § 107(a)(4), title III, § 321(f)(3)(B)(i), (4), Aug. 15, 1994, 108 Stat. 1478, 1541, 1542
1999Pub. L. 106–170, title IV, § 406(a), (b), Dec. 17, 1999, 113 Stat. 1911, 1912
2004Pub. L. 108–203, title II, § 205, title III, § 301(a), Mar. 2, 2004, 118 Stat. 512, 519
2010Pub. L. 111–142, § 3(a), Feb. 27, 2010, 124 Stat. 38.

Show as published

(Aug. 14, 1935, ch. 531, title II, § 206, 49 Stat. 624; Aug. 10, 1939, ch. 666, title II, § 201, 53 Stat. 1362, 1372; Aug. 28, 1950, ch. 809, title I, § 109(b)(1), 64 Stat. 523; Pub. L. 85–840, title III, § 309, Aug. 28, 1958, 72 Stat. 1034; Pub. L. 89–97, title III, § 332, July 30, 1965, 79 Stat. 403; Pub. L. 90–248, title I, § 173, Jan. 2, 1968, 81 Stat. 877; Pub. L. 98–369, div. B, title VI, § 2663(l)(1), July 18, 1984, 98 Stat. 1171; Pub. L. 101–239, title X, § 10307(a)(1), (b)(1), Dec. 19, 1989, 103 Stat. 2484, 2485; Pub. L. 101–508, title V, § 5106(a)(1), Nov. 5, 1990, 104 Stat. 1388–266; Pub. L. 103–296, title I, § 107(a)(4), title III, § 321(f)(3)(B)(i), (4), Aug. 15, 1994, 108 Stat. 1478, 1541, 1542; Pub. L. 106–170, title IV, § 406(a), (b), Dec. 17, 1999, 113 Stat. 1911, 1912; Pub. L. 108–203, title II, § 205, title III, § 301(a), Mar. 2, 2004, 118 Stat. 512, 519; Pub. L. 111–142, § 3(a), Feb. 27, 2010, 124 Stat. 38.)