On the recordFebruary 22, 2010
Madam President, I urge the Senate to pass by unanimous consent H.R. 4532, the Social Security Disability Applicants' Access to Professional Representation Act of 2010, which was recently passed by the House of Representatives by a vote of 412 to 6. Claimants of Social Security disability benefits who want to appeal decisions on their cases face many complexities. Therefore, many wish to hire professionals to represent them in these appeals. These representatives can request to have their fees withheld by SSA from the retroactive benefits owed to the claimant. The withheld fees are forwarded directly to the representatives by SSA. This fee arrangement makes it much more attractive for these representatives to take on these cases, which will provide claimants with easier access to professionals willing to represent them before SSA. Prior to enactment of the Social Security Protection Act of 2004, this direct payment of fees was only available to attorneys, not to nonattorneys, and only applied to Social Security claims, not to supplemental security income, SSI, claims. The Social Security Protection Act authorized two nationwide demonstration projects for a period of 5 years each. One project extended the attorney fee withholding and payment procedures that existed for Social Security claims to supplemental security income claims.…





