Registration Requirements for Representatives to Receive Direct Payment of Fees Approved for Services Provided Before the Social Security Administration or a Federal Court and Forms 1099-MISC, 58043-58044 [E6-16096]

Download as PDF 58043 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Notices Type of Request: New information collection. Method of information collection Number of respondents Average burden per response (minutes) Frequency of response Estimated annual burden (hours) Personal Interview ........................................................................................... Form ................................................................................................................. 68,490 7,610 1 1 60 90 68,490 11,415 Total .......................................................................................................... 76,100 ........................ ........................ 79,905 Total Burden Hours: 79,905 hours. Dated: September 26, 2006. Elizabeth A. Davidson, Reports Clearance Officer, Social Security Administration. [FR Doc. E6–16171 Filed 9–29–06; 8:45 am] BILLING CODE 4191–02–P SOCIAL SECURITY ADMINISTRATION Registration Requirements for Representatives to Receive Direct Payment of Fees Approved for Services Provided Before the Social Security Administration or a Federal Court and Forms 1099–MISC AGENCY: Social Security Administration (SSA). rmajette on PROD1PC67 with NOTICES1 ACTION: Notice. SUMMARY: We are issuing this notice to advise attorneys and non-attorneys who represent claimants before SSA, and attorneys who represent Social Security or Supplemental Security Income claimants before the Federal courts, that the requirements a representative must meet for SSA to pay the approved fee, or a part of the approved fee, directly to the representative from a claimant’s past-due benefits will change effective January 1, 2007. Currently, SSA pays all or part of the fee we approve to the claimant’s representative from his or her past-due benefits if the representative is an attorney or a non-attorney participant in SSA’s direct fee payment demonstration project. SSA also pays all or part of the fee a Federal court approves directly to an attorney from a claimant’s past-due benefits. SSA must expand the information a representative is required to submit to SSA in order for SSA to pay a fee directly because sections 6041(a) and 6045(f) of the Internal Revenue Code (IRC), as implemented by 26 CFR 1.6041–1, require SSA to issue a Form 1099–MISC to each representative who receives, by direct payment from SSA, aggregate fees of $600 or more in a calendar year. To meet this requirement, a person whom a claimant appoints to represent him or her before SSA after December 31, 2006, VerDate Aug<31>2005 15:07 Sep 29, 2006 Jkt 211001 who is otherwise eligible for direct fee payment, and an attorney for whom a Federal court approves a fee on or after January 1, 2007, must provide SSA with his or her Social Security Number (SSN) as a prerequisite for SSA to pay a fee directly to the representative. FOR FURTHER INFORMATION CONTACT: Everett Jackson, Social Security Administration, Office of Budget, Finance and Management, 2–K–5 East Low Rise, 6401 Security Boulevard, Baltimore, MD 21235–6401, (410) 965– 0014, e-mail Everett.Jackson@ssa.gov. SUPPLEMENTARY INFORMATION: Pursuant to sections 206 and 1631(d)(2) of the Social Security Act (Act), SSA: • Determines the maximum fee an attorney or non-attorney representative may charge and collect for services the representative provided before SSA in a claim under title II or title XVI of the Act; and • Pays the fee, or part of the fee, that was approved by the Commissioner of Social Security (Commissioner) or by a Federal court, under title II or title XVI, directly to an attorney out of a portion of the claimant’s past-due benefits. 42 U.S.C. 406 and 42 U.S.C. 1383(d)(2). Additionally, section 303 of the Social Security Protection Act of 2004 (SSPA), Public Law 108–203, directs the Commissioner to carry out a 5-year nationwide demonstration project that extends the fee withholding and direct payment procedures that apply to attorneys under titles II and XVI of the Act to non-attorney representatives who meet certain prerequisites. This demonstration project commenced on February 28, 2005. Therefore, SSA is now paying directly to attorneys and non-attorney participants in the direct payment demonstration project fees we approve for administrative services, and to attorneys fees Federal courts approve for services before the courts. The Debt Collection Improvement Act of 1996 (DCIA), Public Law 104–134, mandates that each federal agency require persons ‘‘doing business with that agency’’ to provide the agency with his or her taxpayer identification number (TIN). 31 U.S.C. 7701. Under PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 the DCIA, a person is considered to be doing business with an agency if the person is assessed a fee by the agency. Because SSA is required by sections 206(d) and 1631(d)(2)(C) of the Act to assess a fee on attorneys and eligible non-attorneys each time that SSA directly pays representational fees to them, SSA is doing business with representatives whom we directly pay. The DCIA also requires that, when a federal agency disburses money, it must include the TIN on each certified voucher submitted to a disbursing official. For individuals, the TIN is generally the SSN. 26 U.S.C. 6109. This means that, when SSA certifies for direct payment or directly pays a fee to a representative, SSA must include the representative’s SSN on the payment voucher it submits to the Department of the Treasury. Accordingly, to comply with the DCIA’s requirement that we obtain an SSN from each representative to whom we directly pay a fee and provide that SSN on each payment voucher to the Department of the Treasury, when a claimant has appointed a representative on January 1, 2007 or later, or when a Federal court has approved a fee on January 1, 2007 or later, SSA requires that the representative provide his or her SSN to SSA before SSA implements a favorable administrative determination or decision or before SSA acts on a Federal court’s fee approval, as a condition for SSA to directly pay a fee or a portion of the fee to the representative from a claimant’s past-due benefits. Pursuant to sections 6041(a) and 6045(f) of the IRC, as implemented by 26 CFR 1.6041–1, SSA is required to issue a Form 1099–MISC to each representative who receives, by direct payment from SSA, aggregate fees of $600 or more in a calendar year. Per section 6109 of the IRC, each representative must provide SSA with his or her TIN. Generally, the Internal Revenue Service (IRS) Form W–9 is used to obtain the TIN. However, as allowed by the IRS, SSA is developing a substitute form, Form SSA–1699, Request for Appointed Representative’s E:\FR\FM\02OCN1.SGM 02OCN1 58044 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Notices Direct Payment Information, to obtain the representative’s SSN and other information we need to issue Forms 1099–MISC. We published a Federal Register notice of our intent to establish both the SSA–1699 and the SSA–1695, which is discussed below. See 71 FR 38681–38683, July 7, 2006. The one-time submission of the SSA– 1699 is the first step in a two-step registration process that a representative must complete in order to receive direct fee payment in a specific claim. We are providing an electronic means by which representatives may complete and submit the SSA–1699 via our Internet Web site. The second step requires that a representative provide SSA with his or her SSN in each instance of representation (i.e., each time the representative is appointed to represent a claimant before SSA or, if an attorney did not register when the claim was pending before the Commissioner, each time a Federal court approves a fee) by submitting the Form SSA–1695, Identifying Information for Possible Direct Payment of Authorized Fees. The first step in the registration process, the one-time submission of the SSA–1699, begins with publication of this notice. The second step, submission of the SSA–1695, will begin in November of 2006. We will provide further information about the required forms, and the application developed to enable completion and submission of the SSA– 1699 electronically via the Internet, on the Representing Claimants Web site on Social Security Online (https:// www.socialsecurity.gov/representation). If a representative does not provide SSA with his or her SSN by completing both steps in the registration process as described above, SSA will not make direct fee payment to the representative, even if the representative is an attorney or a participant in the non-attorney direct payment demonstration project. rmajette on PROD1PC67 with NOTICES1 (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: September 15, 2006. Dale W. Sopper, Deputy Commissioner, for Budget, Finance and Management. [FR Doc. E6–16096 Filed 9–29–06; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF STATE DEPARTMENT OF TRANSPORTATION [Public Notice 5552] Federal Aviation Administration Notice of Meeting of the Cultural Property Advisory Committee 18:53 Sep 29, 2006 Jkt 211001 Federal Aviation Administration (FAA), DOT. ACTION: Monthly Notice of PFC Approvals and Disapprovals. In August 2006, there were six applications approved. This notice also includes information on four applications, one approved in September 2005, one approved in January 2006, and two approved in July 2006, inadvertently left off the September 2005, January 2006, and July 2006 notices, respectively. Additionally, 20 approved amendments to previously approved applications are listed. AGENCY: In accordance with the provisions of the Convention on Cultural Property Implementation Act (19 U.S.C. 2601 et seq.) (the Act) there will be a meeting of the Cultural Property Advisory Committee on Wednesday, October 11, 2006, from approximately 9 a.m. to 5 p.m., and on Thursday, October 12, from approximately 9 a.m. to 1 p.m., at the Department of State, Annex 44, Room 840, 301 4th St., SW., Washington, DC. At this meeting, the Committee will conduct its ongoing review function with respect to the Memorandum of Understanding Between the Government of the United States of America and the Government of the Republic of Guatemala Concerning the Imposition of Import Restrictions on Archaeological Objects and Materials from the Pre-Columbian Cultures of Guatemala; and, with respect to the Memorandum of Understanding with the Government of the Republic of Mali Concerning the Imposition of Import Restrictions on Archaeological Material from the Region of the Niger River Valley and the Bandiagara Escarpment (Cliff). This meeting is for the Committee to satisfy its ongoing review responsibility of agreements pursuant to the Act. It will focus its attention on Article II of the MOUs. This is not a meeting to consider extension of the MOUs. Such a meeting or meetings will be scheduled in the future and at that time a public session will be held. The Committee’s responsibilities are carried out in accordance with provisions of the Convention on Cultural Property Implementation Act (19 U.S.C. 2601 et seq.). The U.S.— Guatemala MOU, the U.S.— Mali MOU, the designated lists of restricted categories, the text of the Act, and related information may be found at https://exchanges.state.gov/culprop. The meeting on October 11–12, will be closed pursuant to 5 U.S.C. 552b(c)(9)(B) and 19 U.S.C. 2605(h). Dated: September 21, 2006. Dina Habib Powell, Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E6–16196 Filed 9–29–06; 8:45 am] BILLING CODE 4710–05–P VerDate Aug<31>2005 Notice of Passenger Facility Charge (PFC) Approvals and Disapprovals PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 SUMMARY: The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101–508) and Part 158 of the Federal Aviation Regulations (14 CFR part 158). This notice is published pursuant to paragraph d of § 158.29. PFC Applications Approved Public Agency: County of Jefferson, Beaumont, Texas. Application Number: 05–05–C–00– BPT. Application Type: Impose and use a PFC. PFC Level: $4.50. Total PFC Revenue Approved in this Decision: $290,471. Earliest Charge Effective Date: April 1, 2007. Estimated Charge Expiration Date: November 1, 2008. Class of Air Carriers Not Required to Collect PFC’s: None. Brief Description of Projects Approved for Collection and Use: Airport drainage environmental study. Airfield lighting. Terminal renovations. Perimeter security upgrades. PFC application and administration fees. Decision Date: September 12, 2005. FOR FURTHER INFORMATION CONTACT: Ben Guttery, Texas Airports Development Office, (817) 222–5614. Public Agency: Coos County Airport District, North Bend, Oregon. Application Number: 06–07–C–00– OTH. Application Type: Impose and use a PFC. E:\FR\FM\02OCN1.SGM 02OCN1

Agencies

[Federal Register Volume 71, Number 190 (Monday, October 2, 2006)]
[Notices]
[Pages 58043-58044]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16096]


-----------------------------------------------------------------------

SOCIAL SECURITY ADMINISTRATION


Registration Requirements for Representatives to Receive Direct 
Payment of Fees Approved for Services Provided Before the Social 
Security Administration or a Federal Court and Forms 1099-MISC

AGENCY: Social Security Administration (SSA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: We are issuing this notice to advise attorneys and non-
attorneys who represent claimants before SSA, and attorneys who 
represent Social Security or Supplemental Security Income claimants 
before the Federal courts, that the requirements a representative must 
meet for SSA to pay the approved fee, or a part of the approved fee, 
directly to the representative from a claimant's past-due benefits will 
change effective January 1, 2007. Currently, SSA pays all or part of 
the fee we approve to the claimant's representative from his or her 
past-due benefits if the representative is an attorney or a non-
attorney participant in SSA's direct fee payment demonstration project. 
SSA also pays all or part of the fee a Federal court approves directly 
to an attorney from a claimant's past-due benefits. SSA must expand the 
information a representative is required to submit to SSA in order for 
SSA to pay a fee directly because sections 6041(a) and 6045(f) of the 
Internal Revenue Code (IRC), as implemented by 26 CFR 1.6041-1, require 
SSA to issue a Form 1099-MISC to each representative who receives, by 
direct payment from SSA, aggregate fees of $600 or more in a calendar 
year. To meet this requirement, a person whom a claimant appoints to 
represent him or her before SSA after December 31, 2006, who is 
otherwise eligible for direct fee payment, and an attorney for whom a 
Federal court approves a fee on or after January 1, 2007, must provide 
SSA with his or her Social Security Number (SSN) as a prerequisite for 
SSA to pay a fee directly to the representative.

FOR FURTHER INFORMATION CONTACT: Everett Jackson, Social Security 
Administration, Office of Budget, Finance and Management, 2-K-5 East 
Low Rise, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 965-
0014, e-mail Everett.Jackson@ssa.gov.

SUPPLEMENTARY INFORMATION: Pursuant to sections 206 and 1631(d)(2) of 
the Social Security Act (Act), SSA:
     Determines the maximum fee an attorney or non-attorney 
representative may charge and collect for services the representative 
provided before SSA in a claim under title II or title XVI of the Act; 
and
     Pays the fee, or part of the fee, that was approved by the 
Commissioner of Social Security (Commissioner) or by a Federal court, 
under title II or title XVI, directly to an attorney out of a portion 
of the claimant's past-due benefits.

42 U.S.C. 406 and 42 U.S.C. 1383(d)(2). Additionally, section 303 of 
the Social Security Protection Act of 2004 (SSPA), Public Law 108-203, 
directs the Commissioner to carry out a 5-year nationwide demonstration 
project that extends the fee withholding and direct payment procedures 
that apply to attorneys under titles II and XVI of the Act to non-
attorney representatives who meet certain prerequisites. This 
demonstration project commenced on February 28, 2005. Therefore, SSA is 
now paying directly to attorneys and non-attorney participants in the 
direct payment demonstration project fees we approve for administrative 
services, and to attorneys fees Federal courts approve for services 
before the courts.
    The Debt Collection Improvement Act of 1996 (DCIA), Public Law 104-
134, mandates that each federal agency require persons ``doing business 
with that agency'' to provide the agency with his or her taxpayer 
identification number (TIN). 31 U.S.C. 7701. Under the DCIA, a person 
is considered to be doing business with an agency if the person is 
assessed a fee by the agency. Because SSA is required by sections 
206(d) and 1631(d)(2)(C) of the Act to assess a fee on attorneys and 
eligible non-attorneys each time that SSA directly pays 
representational fees to them, SSA is doing business with 
representatives whom we directly pay. The DCIA also requires that, when 
a federal agency disburses money, it must include the TIN on each 
certified voucher submitted to a disbursing official. For individuals, 
the TIN is generally the SSN. 26 U.S.C. 6109. This means that, when SSA 
certifies for direct payment or directly pays a fee to a 
representative, SSA must include the representative's SSN on the 
payment voucher it submits to the Department of the Treasury. 
Accordingly, to comply with the DCIA's requirement that we obtain an 
SSN from each representative to whom we directly pay a fee and provide 
that SSN on each payment voucher to the Department of the Treasury, 
when a claimant has appointed a representative on January 1, 2007 or 
later, or when a Federal court has approved a fee on January 1, 2007 or 
later, SSA requires that the representative provide his or her SSN to 
SSA before SSA implements a favorable administrative determination or 
decision or before SSA acts on a Federal court's fee approval, as a 
condition for SSA to directly pay a fee or a portion of the fee to the 
representative from a claimant's past-due benefits.
    Pursuant to sections 6041(a) and 6045(f) of the IRC, as implemented 
by 26 CFR 1.6041-1, SSA is required to issue a Form 1099-MISC to each 
representative who receives, by direct payment from SSA, aggregate fees 
of $600 or more in a calendar year. Per section 6109 of the IRC, each 
representative must provide SSA with his or her TIN. Generally, the 
Internal Revenue Service (IRS) Form W-9 is used to obtain the TIN. 
However, as allowed by the IRS, SSA is developing a substitute form, 
Form SSA-1699, Request for Appointed Representative's

[[Page 58044]]

Direct Payment Information, to obtain the representative's SSN and 
other information we need to issue Forms 1099-MISC. We published a 
Federal Register notice of our intent to establish both the SSA-1699 
and the SSA-1695, which is discussed below. See 71 FR 38681-38683, July 
7, 2006.
    The one-time submission of the SSA-1699 is the first step in a two-
step registration process that a representative must complete in order 
to receive direct fee payment in a specific claim. We are providing an 
electronic means by which representatives may complete and submit the 
SSA-1699 via our Internet Web site. The second step requires that a 
representative provide SSA with his or her SSN in each instance of 
representation (i.e., each time the representative is appointed to 
represent a claimant before SSA or, if an attorney did not register 
when the claim was pending before the Commissioner, each time a Federal 
court approves a fee) by submitting the Form SSA-1695, Identifying 
Information for Possible Direct Payment of Authorized Fees. The first 
step in the registration process, the one-time submission of the SSA-
1699, begins with publication of this notice. The second step, 
submission of the SSA-1695, will begin in November of 2006. We will 
provide further information about the required forms, and the 
application developed to enable completion and submission of the SSA-
1699 electronically via the Internet, on the Representing Claimants Web 
site on Social Security Online (https://www.socialsecurity.gov/
representation).
    If a representative does not provide SSA with his or her SSN by 
completing both steps in the registration process as described above, 
SSA will not make direct fee payment to the representative, even if the 
representative is an attorney or a participant in the non-attorney 
direct payment demonstration project.

(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: September 15, 2006.
Dale W. Sopper,
Deputy Commissioner, for Budget, Finance and Management.
 [FR Doc. E6-16096 Filed 9-29-06; 8:45 am]
BILLING CODE 4191-02-P
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