Notice2022-26560
Rate for Assessment on Direct Payment of Fees to Representatives in 2023
Primary source
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Published
December 7, 2022
Issuing agencies
Social Security Administration
Abstract
We are announcing the assessment percentage rate under the Social Security Act (Act) is 6.3 percent for 2023.
Full Text
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<title>Federal Register, Volume 87 Issue 234 (Wednesday, December 7, 2022)</title>
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[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Page 75117]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26560]
[[Page 75117]]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2022-0060]
Rate for Assessment on Direct Payment of Fees to Representatives
in 2023
AGENCY: Social Security Administration (SSA).
ACTION: Notice.
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SUMMARY: We are announcing the assessment percentage rate under the
Social Security Act (Act) is 6.3 percent for 2023.
FOR FURTHER INFORMATION CONTACT: Jeffrey C. Blair, Associate General
Counsel for Program Law, Office of the General Counsel, Social Security
Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401.
Phone: (410) 965-3157, email <a href="/cdn-cgi/l/email-protection#4b012e2d2d6509272a22390b38382a652c243d"><span class="__cf_email__" data-cfemail="bef4dbd8d890fcd2dfd7ccfecdcddf90d9d1c8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Claimants may appoint a qualified individual
as a representative to act on their behalf in matters before the Social
Security Administration (SSA). If the claimant is entitled to past-due
benefits and was represented either by an attorney or by a non-attorney
representative who has met certain prerequisites, the Act provides that
we may withhold up to 25 percent of the past-due benefits and use that
money to pay the representative's approved fee directly to the
representative.
When we pay the representative's approved fee directly to the
representative, we must collect from that fee payment an assessment to
recover the costs we incur in determining and paying representatives'
fees. The Act provides that the assessment we collect will be the
lesser of two amounts: a specified dollar limit; or the amount
determined by multiplying the fee we are paying by the assessment
percentage rate.\1\
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\1\ 42 U.S.C. 406(d), 406(e), and 1383(d)(2).
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The Act initially set the dollar limit at $75 in 2004 and provides
that the limit will be adjusted annually based on changes in the cost-
of-living.\2\ Currently, the maximum dollar limit for the assessment is
$113, as we announced in the Federal Register on October 24, 2022 (87
FR 64296).
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\2\ 42 U.S.C. 406(d)(2)(A) and 1383(d)(2)(C)(ii)(I).
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The Act requires us, each year, to set the assessment percentage
rate at the lesser of 6.3 percent or the percentage rate necessary to
achieve full recovery of the costs we incur to determine and pay
representatives' fees.\3\
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\3\ 42 U.S.C. 406(d)(2)(B)(ii) and 1383(d)(2)(C)(ii)(II).
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Based on the best available data, we have determined that the
current rate of 6.3 percent will continue for 2023. We will continue to
review our costs for these services on a yearly basis.
Michelle King,
Deputy Commissioner for Budget, Finance, and Management.
[FR Doc. 2022-26560 Filed 12-6-22; 8:45 am]
BILLING CODE 4191-02-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.