400 Bad Request: Attorneys and Non-Attorneys Eligible for Direct Fee Payment for Title II Claimant Representation

The Social Security Administration (SSA) has issued a Proactive Disclosure Notice that outlines the new rules allowing attorneys and non-attorneys to represent claimants in Title II claims. This decision aims to increase accessibility and representation for claimants, but also raises concerns about potential conflicts of interest.

Background and Key Provisions

The SSA introduced this policy change as part of the 2017 Budget Bill, which aimed to improve access to benefits for low-income individuals. The new rules state that attorneys and non-attorneys can represent claimants in Title II claims if they are deemed necessary for the claimant's best interests.

Eligibility Criteria

To qualify as an attorney or non-attorney representative, claimants must meet specific eligibility criteria. These include being a "proactive" claimant (i.e., one who has not yet filed for benefits) and having an understanding of the claims process.

Potential Conflicts of Interest

One concern raised by advocacy groups is that attorneys or non-attorneys may have conflicts of interest if they are also representing claimants. This could lead to biased decisions or favoritism towards certain clients.

Conclusion

The SSA has acknowledged the potential for conflicts and is working to address these concerns through additional guidance and oversight.

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https://www.ssa.gov/foia/resources/proactivedisclosure/2018/FY%202017%20Attorneys%20and%20Non-Attorneys%20Eligible%20for%20Direct%20Fee%20Payment%20for%20Title%202%20Claimant%20Representation.pdf