The Background

The SSA has been exploring ways to reduce administrative costs while providing greater access to benefits for eligible claimants. In 2017, the SSA released a proaction disclosure notice outlining its plans to allow attorneys and non-attorneys with specialized expertise in disability claims to represent clients who have exhausted their administrative appeals process.

Direct Fee Payment for Title II Claimant Representation

The SSA's decision was made possible by the passage of the Consolidated Appropriations Act, 2018 (Title VII), which authorized the SSA to provide direct fee payment for disability claims. This means that attorneys and non-attorneys with specialized expertise can now receive payment directly from the SSA for their services, rather than relying on administrative appeals or other intermediaries.

Eligibility Criteria

The SSA has established specific eligibility criteria for attorneys and non-attorneys to represent clients in Title II disability claims. To be eligible, individuals must demonstrate expertise in a specific area of law related to the claimant's disability. Additionally, they must agree to provide limited services, including representation at a cost less than $50 per hour.