WHAT THE LAW DOINCongress, in plain words

The law › Title 42, The Public Health and Welfare › Chapter 7

42 U.S.C. 406: Representation of claimants before Commissioner

Created in 1958 by Public Law 85-840. Changed by 9 later laws. 1 bill in this Congress would change it.

4 other sections of the Code cite this one, including 42 U.S.C. 423, 42 U.S.C. 1320a-6, 42 U.S.C. 1383, 42 U.S.C. 1395ff.

2 parts of federal rules cite it as their authority, written by Social Security Administration (2).

This Congress

  • H.R. 9519 Social Security 2100 Act · introduced · would change (a)

How it got here

2010

  • Pub. L. 111–142 added subsec. (e). (Social Security Disability Applicants' Access to Professional Representation Act of 2010) Law text · (e)

2004

  • Pub. L. 108–203, §205, inserted "Notwithstanding the preceding sentences, the Commissioner, after due notice and opportunity for hearing, (A) may refuse to recognize as a representative, and may disqualify a representative already recognized, any attorney who has been disbarred or s… (Social Security Protection Act of 2004) Law text · (a)
  • Pub. L. 108–203, §301(a), inserted ", except that the maximum amount of the assessment may not exceed the greater of $75 or the adjusted amount as provided pursuant to the following two sentences" after "subparagraph (B)" and inserted at end "In the case of any calendar year begi… (Social Security Protection Act of 2004) Law text · (d)

1999

  • Pub. L. 106–170, §406(a)(2)(A), (b), struck out "(A)" after "(4)", substituted "subsection (d)" for "subparagraph (B)", and struck out subpar. (B) which read as follows: "The Commissioner of Social Security shall not in any case certify any amount for payment to the attorney pursuan… (Ticket to Work and Work Incentives Improvement Act of 1999) Law text · (a)
  • Pub. L. 106–170, §406(a)(2)(B), inserted ", but subject to subsection (d) of this section" after "section 405(i) of this title". (Ticket to Work and Work Incentives Improvement Act of 1999) Law text · (b)
  • Pub. L. 106–170, §406(a)(1), added subsec. (d). (Ticket to Work and Work Incentives Improvement Act of 1999) Law text · (d)

1994

  • Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary" wherever appearing, "before the Commissioner" for "before him" in two places, "Commissioner's" for "Secretary's" in two places, and "the Commissioner shall, if the" for "he shall, if t… · (a), (2)
  • Pub. L. 103–296, §321(f)(4)(A)(ii), added subpar. (C). Former subpar. (C) redesignated (D). · (a)
  • Pub. L. 103–296, §107(a)(4), in subpar. (C) as added by Pub. L. 103–296, §321(f)(4)(A)(ii), substituted "Commissioner of Social Security" for "Secretary" in two places. · (a)
  • Pub. L. 103–296, §321(f)(4)(A)(i), redesignated subpar. (C) as (D). · (a)
  • Pub. L. 103–296, §107(a)(4), in subpar. (D) as redesignated by Pub. L. 103–296, §321(f)(4)(A)(i), substituted "Commissioner of Social Security" for "Secretary" in two places in introductory provisions. · (a)
  • Pub. L. 103–296, §321(f)(4)(B), substituted "paragraph (2)(D)" for "paragraph (2)(C)" in introductory provisions. · (a)
  • Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary" wherever appearing. · (a)
  • Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary" wherever appearing. · (a), (4), (5)
  • Pub. L. 103–296, §321(f)(3)(B)(i), designated existing provisions as subpar. (A) and added subpar. (B). · (b)
  • Pub. L. 103–296, §107(a)(4), in subpar. (A) as designated by Pub. L. 103–296, §321(f)(3)(B)(i), substituted "Commissioner of Social Security" for "Secretary". · (b)
  • Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary" in two places. · (c)

1990

  • Pub. L. 101–508 designated existing provisions as par. (1), substituted "Except as provided in paragraph (2)(A), whenever" for "Whenever" in fifth sentence, substituted pars. (2) to (4) for "If as a result of such determination, such claimant is entitled to past-due benefits under this… · (a)

1989

  • Pub. L. 101–239, §10307(a)(1), inserted at end "The Secretary shall maintain in the electronic information retrieval system used by the Social Security Administration a current record, with respect to any claimant before the Secretary, of the identity of any person representing such cl… · (a)
  • Pub. L. 101–239, §10307(b)(1), added subsec. (c). · (c)

1984

  • Pub. L. 98–369 substituted "Secretary" and "Secretary's" for "Administrator" and "Administrator's", respectively, wherever appearing.

1968

  • Pub. L. 90–248 provided for fixing of attorneys fees for claimants and for certification of amount for payment out of past-due benefits. · (a)

1965

  • Pub. L. 89–97 designated existing provisions as subsec. (a) and added subsec. (b).

1958

  • Pub. L. 85–840 struck out provisions which required attorneys to file a certificate of their right to practice.

Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.