Federal Register: December 18, 2006 (Volume 71, Number 242)
DOCID: FR Doc E6-21484
SOCIAL SECURITY ADMINISTRATION
Social Security Administration
Docket ID: [Docket No. SSA 2006-0104]
NOTICE: NOTICES
ACTION: Social security rulings and acquiescence rulings:
DOCUMENT ACTION: Notice of Rescission of Social Security Ruling.
SUBJECT CATEGORY:
Rescission of Social Security Ruling 88-10c, Bowen v. Galbreath
EFFECTIVE DATES: December 18, 2006.
DOCUMENT SUMMARY:
In accordance with 20 CFR 402.35(b)(1), the Commissioner of Social Security gives notice of the rescission of Social Security Ruling SSR 8810c.
SUMMARY:
Bowen v. Galbreath; rescission,
SUPPLEMENTAL INFORMATION
Social Security Rulings make available to the public precedential decisions relating to the Federal oldage, survivors, disability and supplemental security income programs. Social Security Rulings may be based on case decisions made at all administrative levels of adjudication, Federal court decisions, Commissioner's decisions, opinions of the Office of the General Counsel, and other policy interpretations of the law and regulations.
On June 23, 1988 we issued SSR 8810(c) to reflect the Supreme Court's decision in Galbreath v. Bowen, 485 U.S. 74 (1988), in which the Court held that the relevant statutes did not permit withholding pastdue Supplemental Security Income benefits for attorney's fees in title XVI cases. As the Court noted at the end of its decision, the earlier Congressional decision not to extend attorney fee withholding to title XVI would stand ``[u]ntil Congress [saw] fit to override its original decision, by amending Title XVI in a way that manifests an intent to allow withholding.''
In the Social Security Protection Act of 2004 (SSPA), Public Law
108203, Congress enacted such legislation. Section 302 of the SSPA
amended section 1631(d)(2) of the Social Security Act to extend the
attorney fee withholding and direct payment procedures to claims under
title XVI. We began paying fees directly to attorneys in title XVI
cases effectuated on or after February 28, 2005, the date the
amendments made by section 302 took effect. While this provision will
only be effective for 5 years, we believe that SSR 8810(c) should be
rescinded for this period and we will later determine if there is a need to reinstate it.
(Catalog of Federal Domestic Assistance Programs No. 96.006, Supplemental Security Income)
Dated: December 12, 2006.
Jo Anne B. Barnhart,
Commissioner of Social Security.
[FR Doc. E621484 Filed 121506; 8:45 am]
BILLING CODE 419102P
FOR FURTHER INFORMATION CONTACT
Marg Handel, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 212356401, (410) 9654639 or TTY 4109665609, for information about this notice. For information on eligibility or filing for benefits, call our national tollfree number, 18007721213 or TTY 18003250778, or visit our Internet site, Social Security Online, at http://www.socialsecurity.gov .