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Revisions to direct fee payment rules. Final rules.

    Federal Register
    |January 8, 2015
    PubMed
    Summary

    New rules clarify eligibility for non-attorney representatives in Social Security disability cases. Liability insurance policies must now include malpractice coverage, ensuring better applicant protection.

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    Area of Science:

    • Social Security Law
    • Administrative Law
    • Disability Insurance

    Background:

    • Amendments to the Social Security Act (Act) were enacted by the Social Security Disability Applicants' Access to Professional Representation Act (PRA) of 2010.
    • Interim final rules were previously implemented to align with these amendments, establishing direct fee payment rules and revising eligibility for non-attorney representatives.

    Purpose of the Study:

    • To adopt revised rules implementing the PRA.
    • To clarify requirements for non-attorney representatives' liability insurance policies.
    • To ensure continued compliance and enhance applicant representation standards.

    Main Methods:

    • Review of public comments and subsequent inquiries regarding the interim final rules.
    • Revision of existing regulations concerning eligibility and insurance requirements for representatives.
    • Adoption of final rules with specific clarifications on malpractice coverage.

    Main Results:

    • Direct fee payment rules for eligible non-attorney representatives (titles II and XVI) and attorney representatives (title XVI) are made permanent.
    • Eligibility policies for non-attorney representatives have been revised.
    • Clarification that liability insurance policies for eligible non-attorney representatives must include malpractice coverage.

    Conclusions:

    • The revised rules provide clearer guidelines for non-attorney representatives' professional liability insurance.
    • These updates aim to strengthen the quality of representation for Social Security disability applicants.
    • The regulations ensure that insurance policies are underwritten by legally permitted business entities.

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