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Week Ending February 5, 2010

H.R.4532 To provide for permanent extension of the attorney fee withholding procedures under title II of the Social Security Act to title XVI of such Act, and to provide for permanent extension of such procedures under titles II and XVI of such Act to qualified non-attorney representatives.

The bill makes permanent fee-withholding procedures for those who represent Social Security disability claimants who are not attorneys.

The non-attorney representative

• must have 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;

• must pass 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;

• must have 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;

• must have undergone a criminal background check to ensure the representative's fitness to practice before the Commissioner;

• must demonstrate 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.

The Administrator of Social Security may assess reasonable fees for administrating the requirements.

The Administrator is to implement the bill by March 1, 2010.

Sponsor:  Rep. John tanner (TN-8^th)

Vote: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 412 - 6 (Roll no. 47).

Cost to the taxpayers: no discernible cost

Earmark Certification:  

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