Social Security Disability Applicants' Access to Professional Representation Act of 2010
PL 111-142 (H.R.4532), enacted 02/27/2010

124 STAT. 38 
PUBLIC LAW 111–142—FEB. 27, 2010 
Public Law 111–142 
111th Congress 
An Act 
To provide for permanent extension of the attorney fee withholding procedures 
under title II of the Social Security Act to title XVI of such Act, and to provide 
for permanent extension of such procedures under titles II and XVI of such 
Act to qualified non-attorney representatives. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Social Security Disability 
Applicants’ Access to Professional Representation Act of 2010’’. 
SEC. 2. PERMANENT EXTENSION OF ATTORNEY FEE WITHHOLDING 
PROCEDURES TO TITLE XVI. 
(a) IN GENERAL.—Section 302 of the Social Security Protection 
Act of 2004 (Public Law 108–203; 118 Stat. 519) is amended— 
(1) in the section heading, by striking ‘‘TEMPORARY’’; and 
(2) in subsection (c), by striking ‘‘EFFECTIVE DATE.—’’ and 
all that follows through ‘‘The amendments’’ and inserting 
‘‘EFFECTIVE DATE.—The amendments’’, and by striking para-
graph (2). 
(b) CLERICAL AMENDMENT.—The item relating to section 302 
in the table of contents in section 1(b) of such Act is amended 
by striking ‘‘Temporary extension’’ and inserting ‘‘Extension’’. 
SEC. 3. PERMANENT EXTENSION OF FEE WITHHOLDING PROCEDURES 
TO QUALIFIED NON-ATTORNEY REPRESENTATIVES. 
(a) IN GENERAL.—Section 206 of the Social Security Act (42 
U.S.C. 406) is amended by adding at the end the following new 
subsection: 
‘‘(e)(1) The Commissioner shall provide for the extension of 
the fee withholding procedures and assessment procedures that 
apply under the preceding provisions of this section to agents and 
other persons, other than attorneys, who represent claimants under 
this title before the Commissioner. 
‘‘(2) Fee-withholding procedures may be extended under para-
graph (1) to any nonattorney representative only if such representa-
tive meets at least the following prerequisites: 
‘‘(A) The representative has been awarded a bachelor’s 
degree from an accredited institution of higher education, or 
has been determined by the Commissioner to have equivalent 
qualifications derived from training and work experience. 
‘‘(B) The representative has passed an examination, written 
and administered by the Commissioner, which tests knowledge 
of the relevant provisions of this Act and the most recent 
42 USC 1383 
note. 
42 USC 1305 
note. 
Social Security 
Disability 
Applicants’ 
Access to 
Professional 
Representation 
Act of 2010. 
Feb. 27, 2010 
[H.R. 4532] 
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06:37 Dec 06, 2012
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124 STAT. 39 
PUBLIC LAW 111–142—FEB. 27, 2010 
developments in agency and court decisions affecting this title 
and title XVI. 
‘‘(C) The representative has secured professional liability 
insurance, or equivalent insurance, which the Commissioner 
has determined to be adequate to protect claimants in the 
event of malpractice by the representative. 
‘‘(D) The representative has undergone a criminal back-
ground check to ensure the representative’s fitness to practice 
before the Commissioner. 
‘‘(E) The representative demonstrates ongoing completion 
of qualified courses of continuing education, including education 
regarding ethics and professional conduct, which are designed 
to enhance professional knowledge in matters related to entitle-
ment to, or eligibility for, benefits based on disability under 
this title and title XVI. Such continuing education, and the 
instructors providing such education, shall meet such standards 
as the Commissioner may prescribe. 
‘‘(3)(A) The Commissioner may assess representatives reason-
able fees to cover the cost to the Social Security Administration 
of administering the prerequisites described in paragraph (2). 
‘‘(B) Fees collected under subparagraph (A) shall be credited 
to the Federal Old-Age and Survivors Insurance Trust Fund and 
the Federal Disability Insurance Trust Fund, or deposited as mis-
cellaneous receipts in the general fund of the Treasury, based 
on such allocations as the Commissioner determines appropriate. 
‘‘(C) The fees authorized under this paragraph shall be collected 
and available for obligation only to the extent and in the amount 
provided in advance in appropriations Acts. Amounts so appro-
priated are authorized to remain available until expended for 
administering the prerequisites described in paragraph (2).’’. 
(b) CONFORMING AMENDMENTS.— 
(1) 
Section 
1631(d)(2)(A) 
of 
such 
Act 
(42 
U.S.C. 
1383(d)(2)(A)) is amended— 
(A) in clause (iv), by striking ‘‘and’’ at the end; 
(B) in clause (v), by striking the period at the end 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following new clause: 
‘‘(vi) by substituting, in subsection (e)(1)— 
‘‘(I) 
‘subparagraphs 
(B) 
and 
(C) 
of 
section 
1631(d)(2)’ for ‘the preceding provisions of this section’; 
and 
‘‘(II) ‘title XVI’ for ‘this title’.’’. 
(2) Section 303(e)(2) of the Social Security Protection Act 
of 2004 (Public Law 108–203; 118 Stat. 523) is amended by 
striking ‘‘AND FINAL REPORT’’ in the heading and by striking 
the last sentence. 
(c) EFFECTIVE DATE.—The Commissioner of Social Security 
shall provide for full implementation of the provisions of section 
206(e) of the Social Security Act (as added by subsection (a)) and 
42 USC 406 note. 
42 USC 406 note. 
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124 STAT. 40 
PUBLIC LAW 111–142—FEB. 27, 2010 
LEGISLATIVE HISTORY—H.R. 4532: 
CONGRESSIONAL RECORD, Vol. 156 (2010): 
Feb. 3, 4, considered and passed House. 
Feb. 22, considered and passed Senate. 
the amendments made by subsection (b) not later than March 
1, 2010. 
Approved February 27, 2010. 
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