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POMS Relating to Attorney Fee Authorization Have Been Archived

Earlier this year, ElderCounsel presented a poignant webinar on the Program Operations Manual System (POMS) rule relating to attorney fee authorizations. Many practitioners in the community were surprised and distressed to learn that many cases involving special needs trust would be subject to the rules. Specifically, GN 03920.005 dictated that “A representative, attorney or non-attorney, must obtain SSA’s authorization to charge and collect a fee for services provided in proceedings before SSA irrespective of…” The pertinent POMS didn’t just apply to those practitioners representing a claimant before the SSA, it also applied to attorneys drafting trusts or trust amendments “for the purpose of affecting their clients’ eligibility for benefits.” And the punishment for violation of these rules was stringent – up to a $500 fine, up to one year in jail, or both. And obviously, an attorney’s license to practice law would be in serious jeopardy if a violation occurred.

However, ElderCounsel is happy to report that the POMS relating to attorney fee authorization have been archived. Meaning, they are not being enforced and are no longer relevant in case evaluation. Steve Dale joined us during our October Final Friday Update webinar and gave us an update regarding the developments having to do with the Social Security Administration and the fee POMS issue. ElderCounsel has made this recording available. Watch this on-demand video and learn where the POMS are at today and where Steve think things are headed now that the POMS relating to attorney fee authorization have been archived.

Steve Dale will be a presenter at the Special Needs Planning and Drafting Immersion Camp December 4-5 in Denver. This camp provides attendees a solid foundation for entering into the complex and dynamic would of special needs planning. Steve is a renowned professional within the special needs community, and he always delivers an on-point and impactful camp. Sign up today!

Special Needs Planning and Drafting Immersion Camp
December 4-5, 2019 | LAB @ Denver or via live webcast
CLE: Up to 12.75 hours

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