Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Social Security Administration

          - [Docket No. SSA-2020-0059]

# AGENCY:

Social Security Administration (SSA).

# ACTION:

Notice.

# SUMMARY:

We are announcing that the assessment percentage rate under the Social Security Act (Act) is 6.3 percent for 2021.

# FOR FURTHER INFORMATION CONTACT:

                        Jeffrey C. Blair, Associate General Counsel for Program Law, Office of the General Counsel, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401. Phone: (410) 965-3157, email                         *Jeff.Blair@ssa.gov.*

# SUPPLEMENTARY INFORMATION:

A claimant may appoint a qualified individual as a representative to act on his or her behalf in matters before the Social Security Administration (SSA). If the claimant is entitled to past-due benefits and was represented either by an attorney or by a non-attorney representative who has met certain prerequisites, we withhold up to 25 percent of the past-due benefits and use that money to pay the representative's approved fee directly to the representative.

                    When we pay the representative's fee directly to the representative, we must collect from that fee payment an assessment to recover the costs we incur in determining and paying representatives' fees. The Act provides that the assessment we collect will be the lesser of two amounts: A specified dollar limit; or the amount determined by multiplying the fee we are paying by the assessment percentage rate.[1] 

                    The Act initially set the dollar limit at $75 in 2004 and provides that the limit will be adjusted annually based on changes in the cost-of-living.[2]                                          Currently, the maximum dollar limit for the assessment is $98, as we announced in the                     **Federal Register**                     on October 22, 2020 (85 FR 67413).                

                    The Act requires us each year to set the assessment percentage rate at the lesser of 6.3 percent or the percentage rate necessary to achieve full recovery of the costs we incur to determine and pay representatives' fees.[3] 

Based on the best available data, we have determined that the current rate of 6.3 percent will continue for 2021. We will continue to review our costs for these services on a yearly basis.

Michelle King,

Deputy Commissioner for Budget, Finance, and Management.

# Footnotes

1.                             42 U.S.C. 406(d), 406(e), and 1383(d)(2).                    
        Back to Citation      

2.                             42 U.S.C. 406(d)(2) and 1383(d)(2)(C)(ii)(I).                    
        Back to Citation      

3.                             42 U.S.C. 406(d)(2)(B)(ii) and 1383(d)(2)(C)(ii)(II).                    
        Back to Citation      

[FR Doc. 2020-26795 Filed 12-4-20; 8:45 am]

BILLING CODE 4191-02-P