Background

On July 17, 1992, the Associate Commissioner amended the delegations of authority regarding fees for representation of claimants and raised the maximum amount an Administrative Law Judge (ALJ) or Hearing Office Chief ALJ may authorize from $4,000 to $5,000.

Further, § 5106(a) of the Omnibus Budget Reconciliation Act of 1990 (OBRA 1990), Pub. L. No. 101-508, amended § 206(a) of the Social Security Act. Section 5106(a) provides for an alternative fee authorization process and changes the provision on certification of direct payment of attorney representative's fees.

Explanation of Content and Changes

We revised I-1-201 A. and I-1-230 B. to reflect that the maximum representative fee amount an ALJ or Hearing Office Chief ALJ may authorize is raised from $4,000 to $5,000. We referenced I-1-201 B. to Temporary Instruction 5-109, Representative Fee Approval Process, which explains the fee agreement process. We also changed I-1-201 C. to reflect the statutory change regarding certification of direct payment of attorney representative's fees. Finally, we clarified I-1-230 A. to explain that only a duly appointed representative can charge and collect a fee.

Remove

Remove from Chapter I-1-200:

I-1-201, Representative Fees — General, through I-1-201 cont., dated February 8, 1991 (2 pages).

I-1-220 cont., dated March 1990 through I-1-230 cont., dated February 8, 1991 (2 pages).

Insert

Insert in Chapter I-1-200:

I-1-201, Representative Fees — General, through I-1-201 A. 2. cont., dated February 15, 1992 (2 pages).

I-1-220 D., through I-1-230 A. 3. cont., dated February 15, 1993 (2 pages).

Date: February 15, 1993