Rescission Of Acquiescence Ruling

From today's Federal Register:

On June 23, 1988 we issued SSR 88–10(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 past-due 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 108–203, 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 While this provision will only be effective for 5 years, we believe that SSR 88–10(c) should be rescinded for this period and we will later determine if there is a need to reinstate it.