May 7, 2008, Introduced by Senators JACOBS, SCHAUER, JANSEN, HARDIMAN, PAPPAGEORGE and BARCIA 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.