Action Notes

In I-2-070, add the following to the end of section A.: See Temporary Instruction 5-110 for a discussion of the limitation on the amount available to reimburse a representative for travel to attend a hearing, effective for representative travel expenses incurred on or after April 1, 1991.

In I-2-072, add the following to the end of section A.: See Temporary Instruction 5-110 for a discussion of the limitation on the amount available to reimburse a representative for travel to attend a hearing, effective for representative travel expenses incurred on or after April 1, 1991.

In I-2-310, add the following to the end of section F. 1. a.: See Temporary Instruction 5-110 for a discussion of the limitation on the amount available to reimburse a representative for travel to attend a hearing, effective for representative travel expenses incurred on or after April 1, 1991.

Background

Section 5106(c) of the Omnibus Budget Reconciliation Act of 1990 places limitations on the amount available to reimburse a representative for travel to attend a hearing. The provision is effective for reimbursement of travel expenses incurred by representatives on or after April 1, 1991. Under the provision, we limit the amount available for payment for a representative's travel so that this amount shall not exceed the maximum amount allowable for a representative's travel originating within the geographic area of the office having jurisdiction over the proceeding. The provision will not affect reimbursement of a representative's travel expenses if the representative's travel originated within the service area of the hearing office (HO) having jurisdiction over the hearing.

In any case in which a claimant's representative travels to a hearing from outside the service area of the HO having jurisdiction over the hearing, HO staff should refer to Temporary Instruction (TI) 5-110 for instructions.

Explanation of Content and Changes

This issuance modifies sections I-2-070, I-2-072, and I-2-310 to reflect that, with regard to a representative's travel expenses incurred on or after April 1, 1991, there is a limitation on the amount available to reimburse a representative for travel expenses to attend a hearing. This limitation is discussed in TI 5-110.

These modifications are accomplished by the Action Notes and do not require replacement pages.

Date: September 9, 1992