Demonstration Project for Direct Payment to Non-Attorney Representatives, 2447-2450 [05-729]
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Federal Register / Vol. 70, No. 9 / Thursday, January 13, 2005 / Notices
exchange.14 In particular the
Commission finds that the proposed
rule change is consistent with Section
6(b)(5) of the Act,15 which requires
among other things, that the Exchange’s
rules be designed to promote just and
equitable principles of trade, to remove
impediments and to perfect the
mechanism of a free and open market
and a national market system, and in
general, to protect investors and the
public interest.
The Commission believes that the
rules as proposed should allow the
Exchange to comply with its obligations
under the Order in that they will result
in the creation of an audit trail that
incorporates manual orders sent to Phlx.
Specifically, the proposed rules would
require that Phlx floor brokers enter
certain order details contemporaneously
upon receipt and prior to representation
into the FBMS. Once an order is entered
into the FBMS, the System would
automatically timestamp the order as
received by the Exchange and assign it
a unique order identification number,
which allows the system to track the
order through its life on the floor up to
the point of execution. Upon execution,
the floor broker would enter the time
the execution took place. Floor brokers
or their employees would then be
required to enter clearing information
onto the FBMS no later than five
minutes after the execution of a trade.
The Commission also believes that the
Exchange’s plan for recording order
details in the event of a systems outage
or malfunction is reasonable. In the
event of a systems outage or
malfunction, floor brokers would revert
to use of trade tickets and would record
on those tickets the times that various
events occur in the life of the order.
Further, the Exchange would ensure
that the information recorded on trade
tickets is entered into AUTOM so that
it can be incorporated into the
electronic audit trail.
Finally, the Commission notes that
the Exchange acknowledges the need for
effective and proactive surveillance for
activities such as trading ahead and
front-running. The Exchange represents
that it currently conducts automated
surveillance for such activities and will
incorporate a review of order entry into
the System as part of such surveillance.
Further, the Exchange states that it also
intends to implement supplementary
surveillance and examination programs
related to the requirement to enter order
14 In approving this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition and capital formation. 15
U.S.C. 78c(f).
15 15 U.S.C. 78f(b)(5).
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information into the FBMS, which will
be designed to address, among other
things, trading ahead and front-running.
The Commission views effective
surveillance relating to the use of the
FBMS as critical to the integrity of
COATS and expects that the Exchange
will inform the Commission of any
problems it encounters in conducting
effective surveillance.
The Commission finds good cause for
approving Amendments No. 2, 3, 4, and
5 to the proposed rule change, prior to
the thirtieth day after the date of the
publication of notice thereof in the
Federal Register. The Commission notes
that the amendments would more
closely conform the Phlx’s rules to those
of the other options exchanges, the rules
for which were subject to notice and
comment. The Commission believes that
because the proposed amendments raise
no new issues of regulatory concern, it
is appropriate to accelerate approval of
these amendments so that the rules may
be implemented on a timely basis.
V. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form https://www.sec.gov/
rules/sro.shtml; or
• Send an E-mail to rulecomments@sec.gov. Please include SR–
Phlx–2003–40 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
450 Fifth Street, NW., Washington, DC
20549–0609. All submissions should
refer to SR–Phlx–2003–40. This file
number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site https://www.sec.gov/
rules/sro.shtml. Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
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2447
provisions of 5 U.S.C. 552, will be
available for inspection and copying in
the Commission’s Public Reference
Section, 450 Fifth Street, NW.,
Washington, DC 20549. Copies of such
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to SR–Phlx–2003–40 and
should be submitted on or before
February 3, 2005.
VI. Conclusion
For all of the aforementioned reasons,
the Commission finds that the proposed
rule change is consistent with the
requirements of the Act and the rules
and regulations thereunder applicable to
a national securities exchange.
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,16 that the
proposed rule change (SR–Phlx–2003–
40), as amended, is approved, and
Amendments No. 2, 3, 4, and 5 are
approved on an accelerated basis.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.17
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E5–123 Filed 1–12–05; 8:45 am]
BILLING CODE 8010–01–P
SOCIAL SECURITY ADMINISTRATION
Demonstration Project for Direct
Payment to Non-Attorney
Representatives
AGENCY:
Social Security Administration
(SSA).
ACTION:
Notice.
SUMMARY: Section 303 of the Social
Security Protection Act of 2004 (SSPA),
Public Law No. 108–203, requires the
Commissioner of Social Security (the
Commissioner) to develop and
implement a five-year nationwide
demonstration project that will extend
to certain non-attorney representatives
of claimants under titles II and XVI of
the Social Security Act (the Act) the
option to have approved
representatives’ fees withheld and paid
directly from a beneficiary’s past-due
benefits. Currently, this option is
available only to representatives who
are attorneys. Non-attorney
16 15
17 17
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U.S.C. 78s(b)(2).
CFR 200.30–3(a)(12).
13JAN1
2448
Federal Register / Vol. 70, No. 9 / Thursday, January 13, 2005 / Notices
representatives who wish to participate
in the demonstration project must meet
the prerequisites specified in section
303 of the SSPA, and any additional
prerequisites that the Commissioner
may prescribe. The purpose of this
notice is to provide information about
the prerequisites that non-attorney
representatives will be required to
satisfy and about our plans for
administering the prerequisites process.
We will post further details about the
prerequisites process (e.g., when and
how to apply) on our Web site at
https://www.socialsecurity.gov when
they become available.
FOR FURTHER INFORMATION CONTACT:
Joanne Butler, Social Security
Administration, Office of Hearings and
Appeals, Suite 1608, 5107 Leesburg
Pike, Falls Church, VA 22041–3255,
(703) 605–8314.
SUPPLEMENTARY INFORMATION: Section
303 of the SSPA sets forth certain
minimum prerequisites that nonattorney representatives must satisfy to
be eligible to participate in the
demonstration project on direct
payment of fees to non-attorneys, and
allows the Commissioner to establish
additional prerequisites that must be
satisfied. Section 303 also provides that
the Commissioner may assess
representatives reasonable fees to cover
our costs in administering the
prerequisites process.
In this notice, we provide certain
details of the application process and
announce that satisfaction of a
representational experience requirement
will be an additional prerequisite for
participating in the demonstration
project. The notice also advises the
public of the amount of the fee that
applicants will be assessed. In addition,
we provide details concerning the
specific criteria that we will use to
evaluate whether the applicant has
satisfied the following prerequisites:
• Qualifications equivalent to a
bachelor’s degree;
• Experience in representing
claimants before SSA;
• Liability insurance or equivalent
insurance adequate to protect claimants
in the event of malpractice by the
representative;
• Criminal background check that
ensures a representative’s fitness to
practice before the Commissioner; and
• Examination testing knowledge of
the relevant provisions of the Act and
the most recent developments in
Agency and court decisions affecting
titles II and XVI of the Act.
We anticipate that we will use a
commercial contractor to assist us in
determining eligibility to participate in
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the demonstration project. A
competitive process for selecting a
contractor is underway. We will provide
updated information regarding the
contract award, and further information
about the prerequisites process (e.g.,
when and how to apply) at our Web site
at https://www.socialsecurity.gov.
The SSPA also requires non-attorney
representatives to take continuing
education classes, including courses in
ethics and professional conduct. This
requirement will pertain to those nonattorney representatives who have been
found eligible to participate in the
demonstration project. The SSPA gives
us the authority to determine the
minimum amount of continuing
education required, and the standards
for the classes. We intend to issue a
subsequent Federal Register notice to
address this requirement.
1. Application periods and
completion of an application: We intend
to structure the contract for
administering the prerequisites process
for the five-year demonstration project
with an initial year and four option
years. There will be two application
periods during the initial year, with the
second examination to take place four
months after the first examination.
During the four option years, there will
be one application period and
examination per option year. A nonattorney representative who is found not
to be eligible to participate during one
application period will be able to reapply during any subsequent
application period.
A person applying to participate in
the demonstration project will have to
complete an application form. We
intend to have the form available online
at the contractor’s Web site for
applicants to print out, sign (in ink), and
submit. Within four weeks of the
opening of the application period, the
applicant must submit a complete
application package. A complete
application package consists of the
completed application form and:
• Receipt from the applicant’s
insurance company for professional
liability coverage or equivalent
insurance in the minimum amount and
type specified by us (see below);
• Official college and/or university
transcript(s) showing the stamp or
raised seal of the institution, or
otherwise establishing that it is an
official copy;
• Official high school transcript or
GED certificate or an equivalent
graduation record from an official
source (e.g., board of education), if the
applicant has not attended a college or
university,
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• Names and the last four digits of the
Social Security numbers of five
claimants for whom the applicant has
provided representational services and
the dates of such services (see section 4.
below for details); and
• Fee payment of $1000 (see below).
Persons who fail to have their
completed package materials
postmarked by the application deadline
will have their applications rejected.
However, they may re-apply to
participate in the demonstration project
during a subsequent application period.
2. Application fee: SSPA section
303(c)(1) provides that the
Commissioner may assess applicants a
reasonable fee to cover the costs of
administering the prerequisites process.
We have determined that:
• The fee will be $1000 (in U.S.
dollars) per applicant;
• Applicants must include the fee
payment with their application package;
• The fee will be non-refundable
except in the following circumstance: If
the contractor fails to administer an
examination and the failure is due to the
contractor’s fault, the contractor will be
required, as a performance penalty, to
refund the fee to those affected
applicants who do not take the
rescheduled examination;
• Acceptable forms of fee payment
will be by certified check, money order,
a check drawn from a private firm’s
account, or credit card;
• Applicants will pay their fees to the
contractor; and
• Applicants who are not found to be
eligible may reapply during the next
application phase, but they will pay the
full fee upon reapplying.
3. Education and equivalent
qualifications: SSPA section 303(b)(1)
establishes a bachelor’s degree from an
accredited institution of higher
education as a prerequisite for
participating in the demonstration
project. However, this section also
permits applicants who do not have a
bachelor’s degree to satisfy this
prerequisite based on combinations of
training and work experience that the
Commissioner determines to be
equivalent to a bachelor’s degree. We
have determined that any of the
following combinations of education
and experience shall be equivalent to
having a bachelor’s degree:
• If the applicant does not have a
bachelor’s degree, but has three years or
more of undergraduate study at an
accredited institution of higher learning,
the applicant must have at least one
year of relevant professional experience
(as defined below), at least six months
of which must have involved claims for
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Federal Register / Vol. 70, No. 9 / Thursday, January 13, 2005 / Notices
benefits under title II or title XVI of the
Act;
• If the applicant has at least two, but
less than three years of undergraduate
study at an accredited institution of
higher learning, the applicant must have
at least two years of relevant
professional experience, at least one
year of which must have involved
claims for benefits under title II or title
XVI of the Act;
• If the applicant has at least one, but
less than two years of undergraduate
study at an accredited institution of
higher learning, the applicant must have
at least three years of relevant
professional experience, at least two
years of which must have involved
claims for benefits under title II or XVI
of the Act; or
• If the applicant has less than one
year of undergraduate study at an
accredited institution of higher learning,
or no undergraduate education, the
applicant must have received a high
school diploma or GED certificate and
have at least four years of relevant
professional experience, at least two
years of which must have involved
claims for benefits under title II or title
XVI of the Act.
Relevant professional experience (for
purposes of establishing qualifications
equivalent to a bachelor’s degree) is
work through which the applicant has
demonstrated familiarity with medical
reports and an ability to describe and
assess mental and/or physical
limitations. Such experience may be
from the fields of: Teaching, counseling
or guidance, social work, personnel
management, public employment
service, and/or nursing or other health
care professional services. Any work
involving claims for benefits under title
II or title XVI of the Act shall also be
defined as relevant professional
experience. We intend to have the
contractor post on its Web site
additional information regarding
qualifying professional experience.
An applicant who fails to submit
proof of a bachelor’s degree or
equivalent qualifications before the
application period closes shall be
precluded from establishing, based on
his or her current application, eligibility
to take the examination and to
participate in the demonstration project.
However, the applicant may re-apply to
participate in the demonstration project
during a subsequent application period.
An applicant may possess a law
degree (e.g., juris doctor); however,
attorneys who already qualify to have
their approved representatives’ fees paid
directly from their clients’ past-due
benefits pursuant to sections 206 and
1631(d)(2) of the Act will be ineligible
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to participate in this demonstration
project. In addition, attorneys who are
suspended or disbarred by a State or
Federal court or disqualified from
appearing before a Federal agency or
program will be ineligible to participate
in this demonstration project.
4. Representational experience
requirement: SSPA section 303(b)
permits the Commissioner to establish
additional prerequisites. We have
determined that all participants in the
demonstration project (with or without
a bachelor’s degree) must have
demonstrated experience in
representing claimants before SSA.
Applicants must meet the following
minimum representational experience
requirement:
• The applicant must have provided
representational services as the
appointed representative for five
claimants within a 24-month period;
• The services may include
representing the claimant at the time at
which SSA decided the case at any
administrative level or, in cases that
have not yet been decided, appearing as
the claimant’s representative at a
hearing before an SSA Administrative
Law Judge (ALJ); and
• The 24-month period must occur
within the 60 months preceding the
month in which the application was
filed.
The following is an example of how
to calculate the 24- and 60-month
periods for establishing representational
experience:
• The applicant files his or her
application in March 2005.
• The 60-month period begins on
March 1, 2000, and ends on February
28, 2005 (the last day of the month
before the filing of the application).
• The 24-month period can occur at
any time between March 1, 2000, and
February 28, 2005. For example, the
applicant would meet the requirement if
he or she served as the appointed
representative for five separate
claimants during the period from
January 2001 through December 2002.
Applicants are required to submit
with their applications the names and
the last four digits of the Social Security
numbers of five claimants for whom the
applicant provided representational
services during the appropriate 24month period. Applicants also are
required to provide the dates of their
service for each applicant (e.g., date of
the hearing before the SSA ALJ).
5. Insurance requirement: SSPA
section 303(b)(3) sets forth a
requirement that non-attorney
participants have professional liability
insurance, or equivalent insurance,
which the Commissioner has
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2449
determined to be adequate to protect
claimants in the event of malpractice by
the non-attorney representative. We
have determined that applicants must
have professional liability insurance for
coverage of errors and omissions
committed by the non-attorney
representative, with a minimum total
annual amount of coverage of $1 million
(for all incidents in that year) plus
coverage of $250,000 per incident. The
insurance policy must be underwritten
by a firm that is licensed to provide
insurance in the State in which the nonattorney representative conducts
business. The policy also must provide
coverage for professional liability
insurance claims made in those States
in which the non-attorney
representative represents claimants
before us.
An applicant who fails to submit
proof of the required insurance before
the application period closes shall be
precluded from establishing, based on
his or her current application, eligibility
to take the examination and to
participate in the demonstration project.
However, the applicant may re-apply to
participate in the demonstration project
during a subsequent application period.
Non-attorney representatives who
establish eligibility to participate in the
demonstration project will be required
to maintain their insurance coverage in
order to continue to receive direct fee
payments from SSA.
6. Criminal background investigation:
SSPA section 303(b)(4) sets forth a
requirement for a criminal background
check of each non-attorney
representative who applies to
participate in the demonstration project
to ensure his or her fitness to practice
before us. We will reject any applicant
who:
• Has been suspended or disqualified
from practice before SSA;
• Has had a judgment or lien assessed
against him/her by a civil court for
malpractice and/or fraud;
• Has had a felony conviction;
• Engages in substantial
misrepresentation in submitting his or
her application and/or supporting
materials for the application;
• Fails to pass an SSA administrative
records check (check of SSN, etc.); or
• Fails to provide documentation as
requested by SSA’s contractor to
perform the criminal background
investigation.
An applicant who fails the criminal
background investigation will have the
opportunity to protest that finding to us.
Our action in response to the protest
will be final and not subject to appeal.
7. Passing an examination: SSPA
section 303(b)(2) requires that
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Federal Register / Vol. 70, No. 9 / Thursday, January 13, 2005 / Notices
applicants pass an examination testing
their knowledge of the relevant
provisions of the Act and the most
recent developments in Agency and
court decisions affecting titles II and
XVI of the Act. With the assistance of
contractor personnel, we will develop a
40- to 50-question, multiple choice
examination. Examination details are as
follows:
• A score of 70 will be a passing
score;
• The examination instrument will be
written in the English language only;
• We anticipate that the examination
will be administered by the contractor
and will be given only once, on a
weekday, in association with each
application period;
• During the examination, test-takers
will have open-book access to certain
reference materials that we will supply
(see below for details);
• The examination will be based
upon situations that arise from the
subject areas contained in the reference
materials; and
• Applicants will not be permitted to
remove the examination instrument
from the examination center.
Open-book reference materials: We
will provide each test-taker with a copy
of 20 CFR Ch. III (most recent edition),
and the Compilation of the Social
Security Laws, Volume 1 (most recent
edition). We may provide additional
materials; if so, we will provide details
about the materials on the contractor’s
Web site. Applicants will not be
permitted to bring any other items
(including reference materials) to the
examination center.
An applicant who fails to achieve a
passing score may re-apply to
participate in the demonstration project
during a subsequent application period.
(Catalog of Federal Domestic Assistance
Program Nos. 96.001, Social Security—
Disability Insurance; 96.002, Social
Security—Retirement Insurance; 96.004,
Social Security—Survivors Insurance; and
96.006, Supplemental Security Income)
Dated: December 30, 2004.
Fritz Streckewald,
Assistant Deputy Commissioner for Program
Policy for Disability and Income Security
Programs.
[FR Doc. 05–729 Filed 1–12–05; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF STATE
[Public Notice 4930]
[Public Notice 4956]
Culturally Significant Objects Imported
for Exhibition Determinations: ‘‘The
Kingdom of Siam: Art of Central
Thailand, 1350–1800’’
AGENCY:
ACTION:
Department of State.
Notice.
SUMMARY: Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), Executive Order 12047 of March
27, 1978, the Foreign Affairs Reform and
Restructuring Act of 1998 (112 Stat.
2681, et seq.; 22 U.S.C. 6501 note, et
seq.), Delegation of Authority No. 234 of
October 1, 1999, Delegation of Authority
No. 236 of October 19, 1999, as
amended, and Delegation of Authority
No. 257 of April 15, 2003 [68 FR 19875],
I hereby determine that the objects to be
included in the exhibition ‘‘The
Kingdom of Siam: Art of Central
Thailand, 1350–1800,’’ imported from
abroad for temporary exhibition within
the United States, are of cultural
significance. The objects are imported
pursuant to loan agreements with the
foreign owners. I also determine that the
exhibition or display of the exhibit
objects at the Asian Art Museum, San
Francisco, CA, from on or about
February 18, 2005, to on or about May
8, 2005; Peabody Essex Museum, Salem,
MA, from on or about July 16, 2005, to
on or about October 16, 2005, and at
possible additional venues yet to be
determined, is in the national interest.
Public Notice of these Determinations is
ordered to be published in the Federal
Register.
For
further information, including a list of
the exhibit objects, contact Julianne
Simpson, Attorney-Adviser, Office of
the Legal Adviser, U.S. Department of
State, (telephone: (202) 453–8049). The
address is U.S. Department of State, SA–
44, 301 4th Street, SW., Room 700,
Washington, DC 20547–0001.
FOR FURTHER INFORMATION CONTACT:
Dated: January 7, 2005.
C. Miller Crouch,
Principal Deputy Assistant Secretary for
Educational and Cultural Affairs, Department
of State.
[FR Doc. 05–739 Filed 1–12–05; 8:45 am]
BILLING CODE 4710–08–P
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DEPARTMENT OF STATE
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Notice of Meeting—United States
International Telecommunication
Advisory Committee
The Department of State announces a
meeting of the ITAC. The purpose of the
Committee is to advise the Department
on matters related to telecommunication
and information policy matters in
preparation for international meetings
pertaining to telecommunication and
information issues.
The ITAC will meet to discuss the
matters related to the meeting of the ITU
Council’s Ad Hoc Group on Cost
Recovery for Satellite Network Filings
that will take place 21 and 22 March
2005 in Geneva, Switzerland. The ITAC
meeting will be convened on 27 January
2005 from 2 to 4 p.m. in Room 6 South
(6B516) at the Federal Communications
Commission (FCC). The FCC is located
at 445 12th Street, SW., Washington,
DC.
Members of the public will be
admitted to the extent that seating is
available and may join in the
discussions subject to the instructions of
the Chair. Entrance to the FCC is
controlled. Persons planning to attend
the meeting should arrive early enough
to complete the entry procedure. One of
the following current photo
identifications must be presented to
gain entrance to the FCC: U.S. driver’s
license with your photo on it, U.S.
passport, or U.S. Government
identification.
Dated: January 4, 2005.
Douglas R. Spalt,
International Communications and
Information Policy, Department of State.
[FR Doc. 05–742 Filed 1–12–05; 8:45 am]
BILLING CODE 4710–45–P
DEPARTMENT OF STATE
[Public Notice 4931]
Shipping Coordinating Committee;
Notice of Meeting
The Shipping Coordinating
Committee (SHC) will conduct an open
meeting at 9:30 a.m. on Tuesday,
February 8, 2005, in Room 6103 of the
United States Coast Guard Headquarters
Building, 2100 2nd Street, SW.,
Washington, DC 20593–0001. The
primary purpose of the meeting is to
prepare for the 48th session of the SubCommittee on Ship Design and
Equipment (DE) to be held at the
International Maritime Organization
(IMO) Headquarters in London, England
E:\FR\FM\13JAN1.SGM
13JAN1
]]>Agencies
[Federal Register Volume 70, Number 9 (Thursday, January 13, 2005)]
[Notices]
[Pages 2447-2450]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-729]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
Demonstration Project for Direct Payment to Non-Attorney
Representatives
AGENCY: Social Security Administration (SSA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Section 303 of the Social Security Protection Act of 2004
(SSPA), Public Law No. 108-203, requires the Commissioner of Social
Security (the Commissioner) to develop and implement a five-year
nationwide demonstration project that will extend to certain non-
attorney representatives of claimants under titles II and XVI of the
Social Security Act (the Act) the option to have approved
representatives' fees withheld and paid directly from a beneficiary's
past-due benefits. Currently, this option is available only to
representatives who are attorneys. Non-attorney
[[Page 2448]]
representatives who wish to participate in the demonstration project
must meet the prerequisites specified in section 303 of the SSPA, and
any additional prerequisites that the Commissioner may prescribe. The
purpose of this notice is to provide information about the
prerequisites that non-attorney representatives will be required to
satisfy and about our plans for administering the prerequisites
process. We will post further details about the prerequisites process
(e.g., when and how to apply) on our Web site at https://
www.socialsecurity.gov when they become available.
FOR FURTHER INFORMATION CONTACT: Joanne Butler, Social Security
Administration, Office of Hearings and Appeals, Suite 1608, 5107
Leesburg Pike, Falls Church, VA 22041-3255, (703) 605-8314.
SUPPLEMENTARY INFORMATION: Section 303 of the SSPA sets forth certain
minimum prerequisites that non-attorney representatives must satisfy to
be eligible to participate in the demonstration project on direct
payment of fees to non-attorneys, and allows the Commissioner to
establish additional prerequisites that must be satisfied. Section 303
also provides that the Commissioner may assess representatives
reasonable fees to cover our costs in administering the prerequisites
process.
In this notice, we provide certain details of the application
process and announce that satisfaction of a representational experience
requirement will be an additional prerequisite for participating in the
demonstration project. The notice also advises the public of the amount
of the fee that applicants will be assessed. In addition, we provide
details concerning the specific criteria that we will use to evaluate
whether the applicant has satisfied the following prerequisites:
Qualifications equivalent to a bachelor's degree;
Experience in representing claimants before SSA;
Liability insurance or equivalent insurance adequate to
protect claimants in the event of malpractice by the representative;
Criminal background check that ensures a representative's
fitness to practice before the Commissioner; and
Examination testing knowledge of the relevant provisions
of the Act and the most recent developments in Agency and court
decisions affecting titles II and XVI of the Act.
We anticipate that we will use a commercial contractor to assist us
in determining eligibility to participate in the demonstration project.
A competitive process for selecting a contractor is underway. We will
provide updated information regarding the contract award, and further
information about the prerequisites process (e.g., when and how to
apply) at our Web site at https://www.socialsecurity.gov.
The SSPA also requires non-attorney representatives to take
continuing education classes, including courses in ethics and
professional conduct. This requirement will pertain to those non-
attorney representatives who have been found eligible to participate in
the demonstration project. The SSPA gives us the authority to determine
the minimum amount of continuing education required, and the standards
for the classes. We intend to issue a subsequent Federal Register
notice to address this requirement.
1. Application periods and completion of an application: We intend
to structure the contract for administering the prerequisites process
for the five-year demonstration project with an initial year and four
option years. There will be two application periods during the initial
year, with the second examination to take place four months after the
first examination. During the four option years, there will be one
application period and examination per option year. A non-attorney
representative who is found not to be eligible to participate during
one application period will be able to re-apply during any subsequent
application period.
A person applying to participate in the demonstration project will
have to complete an application form. We intend to have the form
available online at the contractor's Web site for applicants to print
out, sign (in ink), and submit. Within four weeks of the opening of the
application period, the applicant must submit a complete application
package. A complete application package consists of the completed
application form and:
Receipt from the applicant's insurance company for
professional liability coverage or equivalent insurance in the minimum
amount and type specified by us (see below);
Official college and/or university transcript(s) showing
the stamp or raised seal of the institution, or otherwise establishing
that it is an official copy;
Official high school transcript or GED certificate or an
equivalent graduation record from an official source (e.g., board of
education), if the applicant has not attended a college or university,
Names and the last four digits of the Social Security
numbers of five claimants for whom the applicant has provided
representational services and the dates of such services (see section
4. below for details); and
Fee payment of $1000 (see below).
Persons who fail to have their completed package materials
postmarked by the application deadline will have their applications
rejected. However, they may re-apply to participate in the
demonstration project during a subsequent application period.
2. Application fee: SSPA section 303(c)(1) provides that the
Commissioner may assess applicants a reasonable fee to cover the costs
of administering the prerequisites process. We have determined that:
The fee will be $1000 (in U.S. dollars) per applicant;
Applicants must include the fee payment with their
application package;
The fee will be non-refundable except in the following
circumstance: If the contractor fails to administer an examination and
the failure is due to the contractor's fault, the contractor will be
required, as a performance penalty, to refund the fee to those affected
applicants who do not take the rescheduled examination;
Acceptable forms of fee payment will be by certified
check, money order, a check drawn from a private firm's account, or
credit card;
Applicants will pay their fees to the contractor; and
Applicants who are not found to be eligible may reapply
during the next application phase, but they will pay the full fee upon
reapplying.
3. Education and equivalent qualifications: SSPA section 303(b)(1)
establishes a bachelor's degree from an accredited institution of
higher education as a prerequisite for participating in the
demonstration project. However, this section also permits applicants
who do not have a bachelor's degree to satisfy this prerequisite based
on combinations of training and work experience that the Commissioner
determines to be equivalent to a bachelor's degree. We have determined
that any of the following combinations of education and experience
shall be equivalent to having a bachelor's degree:
If the applicant does not have a bachelor's degree, but
has three years or more of undergraduate study at an accredited
institution of higher learning, the applicant must have at least one
year of relevant professional experience (as defined below), at least
six months of which must have involved claims for
[[Page 2449]]
benefits under title II or title XVI of the Act;
If the applicant has at least two, but less than three
years of undergraduate study at an accredited institution of higher
learning, the applicant must have at least two years of relevant
professional experience, at least one year of which must have involved
claims for benefits under title II or title XVI of the Act;
If the applicant has at least one, but less than two years
of undergraduate study at an accredited institution of higher learning,
the applicant must have at least three years of relevant professional
experience, at least two years of which must have involved claims for
benefits under title II or XVI of the Act; or
If the applicant has less than one year of undergraduate
study at an accredited institution of higher learning, or no
undergraduate education, the applicant must have received a high school
diploma or GED certificate and have at least four years of relevant
professional experience, at least two years of which must have involved
claims for benefits under title II or title XVI of the Act.
Relevant professional experience (for purposes of establishing
qualifications equivalent to a bachelor's degree) is work through which
the applicant has demonstrated familiarity with medical reports and an
ability to describe and assess mental and/or physical limitations. Such
experience may be from the fields of: Teaching, counseling or guidance,
social work, personnel management, public employment service, and/or
nursing or other health care professional services. Any work involving
claims for benefits under title II or title XVI of the Act shall also
be defined as relevant professional experience. We intend to have the
contractor post on its Web site additional information regarding
qualifying professional experience.
An applicant who fails to submit proof of a bachelor's degree or
equivalent qualifications before the application period closes shall be
precluded from establishing, based on his or her current application,
eligibility to take the examination and to participate in the
demonstration project. However, the applicant may re-apply to
participate in the demonstration project during a subsequent
application period.
An applicant may possess a law degree (e.g., juris doctor);
however, attorneys who already qualify to have their approved
representatives' fees paid directly from their clients' past-due
benefits pursuant to sections 206 and 1631(d)(2) of the Act will be
ineligible to participate in this demonstration project. In addition,
attorneys who are suspended or disbarred by a State or Federal court or
disqualified from appearing before a Federal agency or program will be
ineligible to participate in this demonstration project.
4. Representational experience requirement: SSPA section 303(b)
permits the Commissioner to establish additional prerequisites. We have
determined that all participants in the demonstration project (with or
without a bachelor's degree) must have demonstrated experience in
representing claimants before SSA. Applicants must meet the following
minimum representational experience requirement:
The applicant must have provided representational services
as the appointed representative for five claimants within a 24-month
period;
The services may include representing the claimant at the
time at which SSA decided the case at any administrative level or, in
cases that have not yet been decided, appearing as the claimant's
representative at a hearing before an SSA Administrative Law Judge
(ALJ); and
The 24-month period must occur within the 60 months
preceding the month in which the application was filed.
The following is an example of how to calculate the 24- and 60-
month periods for establishing representational experience:
The applicant files his or her application in March 2005.
The 60-month period begins on March 1, 2000, and ends on
February 28, 2005 (the last day of the month before the filing of the
application).
The 24-month period can occur at any time between March 1,
2000, and February 28, 2005. For example, the applicant would meet the
requirement if he or she served as the appointed representative for
five separate claimants during the period from January 2001 through
December 2002.
Applicants are required to submit with their applications the names
and the last four digits of the Social Security numbers of five
claimants for whom the applicant provided representational services
during the appropriate 24-month period. Applicants also are required to
provide the dates of their service for each applicant (e.g., date of
the hearing before the SSA ALJ).
5. Insurance requirement: SSPA section 303(b)(3) sets forth a
requirement that non-attorney participants have professional liability
insurance, or equivalent insurance, which the Commissioner has
determined to be adequate to protect claimants in the event of
malpractice by the non-attorney representative. We have determined that
applicants must have professional liability insurance for coverage of
errors and omissions committed by the non-attorney representative, with
a minimum total annual amount of coverage of $1 million (for all
incidents in that year) plus coverage of $250,000 per incident. The
insurance policy must be underwritten by a firm that is licensed to
provide insurance in the State in which the non-attorney representative
conducts business. The policy also must provide coverage for
professional liability insurance claims made in those States in which
the non-attorney representative represents claimants before us.
An applicant who fails to submit proof of the required insurance
before the application period closes shall be precluded from
establishing, based on his or her current application, eligibility to
take the examination and to participate in the demonstration project.
However, the applicant may re-apply to participate in the demonstration
project during a subsequent application period.
Non-attorney representatives who establish eligibility to
participate in the demonstration project will be required to maintain
their insurance coverage in order to continue to receive direct fee
payments from SSA.
6. Criminal background investigation: SSPA section 303(b)(4) sets
forth a requirement for a criminal background check of each non-
attorney representative who applies to participate in the demonstration
project to ensure his or her fitness to practice before us. We will
reject any applicant who:
Has been suspended or disqualified from practice before
SSA;
Has had a judgment or lien assessed against him/her by a
civil court for malpractice and/or fraud;
Has had a felony conviction;
Engages in substantial misrepresentation in submitting his
or her application and/or supporting materials for the application;
Fails to pass an SSA administrative records check (check
of SSN, etc.); or
Fails to provide documentation as requested by SSA's
contractor to perform the criminal background investigation.
An applicant who fails the criminal background investigation will
have the opportunity to protest that finding to us. Our action in
response to the protest will be final and not subject to appeal.
7. Passing an examination: SSPA section 303(b)(2) requires that
[[Page 2450]]
applicants pass an examination testing their knowledge of the relevant
provisions of the Act and the most recent developments in Agency and
court decisions affecting titles II and XVI of the Act. With the
assistance of contractor personnel, we will develop a 40- to 50-
question, multiple choice examination. Examination details are as
follows:
A score of 70 will be a passing score;
The examination instrument will be written in the English
language only;
We anticipate that the examination will be administered by
the contractor and will be given only once, on a weekday, in
association with each application period;
During the examination, test-takers will have open-book
access to certain reference materials that we will supply (see below
for details);
The examination will be based upon situations that arise
from the subject areas contained in the reference materials; and
Applicants will not be permitted to remove the examination
instrument from the examination center.
Open-book reference materials: We will provide each test-taker with
a copy of 20 CFR Ch. III (most recent edition), and the Compilation of
the Social Security Laws, Volume 1 (most recent edition). We may
provide additional materials; if so, we will provide details about the
materials on the contractor's Web site. Applicants will not be
permitted to bring any other items (including reference materials) to
the examination center.
An applicant who fails to achieve a passing score may re-apply to
participate in the demonstration project during a subsequent
application period.
(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social
Security--Disability Insurance; 96.002, Social Security--Retirement
Insurance; 96.004, Social Security--Survivors Insurance; and 96.006,
Supplemental Security Income)
Dated: December 30, 2004.
Fritz Streckewald,
Assistant Deputy Commissioner for Program Policy for Disability and
Income Security Programs.
[FR Doc. 05-729 Filed 1-12-05; 8:45 am]
BILLING CODE 4191-02-P
