March 14, 2006, Introduced by Senators JACOBS and HARDIMAN and referred to the Committee on Families and Human Services.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 44 (MCL 400.44), as amended by 1990 PA 270.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 44. (1) The state department shall pay a fee to an
attorney or other competent professional who represents a person in
obtaining
benefits from the federal social security
administration in a proceeding establishing retroactive benefits
for that person under the supplemental security income for the
aged,
blind, and disabled program , of
title XVI. of the social
security
act, 42 U.S.C. 1381 to 1383c. The department shall pay a
fee under this section only if the proceeding results in direct
reimbursement to the department of interim assistance paid to the
person for the period covered by the award. Direct reimbursement
means a lump sum payment to the department from the social security
administration or from the person who received the interim
assistance. A fee shall not be paid under this section for a
reimbursement that results from an initial determination only, and
a fee paid shall not exceed the amount of interim assistance
reimbursed
to the state pursuant to under that proceeding. A fee
shall not be paid under this section if the social security
administration or the person applying for benefits has paid a fee
related to his or her title XVI claim. The fee paid by the state
under this section in any individual proceeding shall be determined
based on the amount billed and the amount of reimbursed interim
assistance. If the reimbursement for interim assistance is $500.00
or less, the fee shall be the lesser of the amount billed or the
amount reimbursed to the department. If the reimbursement for
interim assistance is $500.01 to $2,000.00, the fee shall be the
lesser of the amount billed or $500.00. If the reimbursement for
interim assistance exceeds $2,000.00, the fee shall be the lesser
of the amount billed or 25% of the reimbursement. An attorney or
representative requesting a fee under this section shall take all
the necessary steps to become eligible for payments by the social
security administration under the title XVI claim. A fee shall not
be paid under this section if the person applying for benefits has
paid a fee or the attorney or representative is eligible for the
social security administration to pay a fee related to the person's
title XVI claim. A fee paid under this section shall constitute
full payment for services rendered.
(2) As used in this section:
(a) "Interim assistance" means general assistance paid to a
person during the period covered by the award.
(b) "Other competent professional" means a person who has
demonstrated a professional competence in, and a working knowledge
of,
social security law and regulations under titles II and XVI of
the
social security act, and who is trained to represent persons
a
person in appeals an appeal before the social security
administration.
(c) "Title II" means title II of the social security act, 42
USC 401 to 434.