PURPOSE: This rule defines the required procedures and limitations for an attorney claiming payment from the Department of Social Services for representing a General Relief recipient in a successful Supplemental Security Income appeal before an administrative law judge.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) Definition. The following term is defined for the purpose of this rule: General Relief
2. (GR) recipient shall mean an individual who received GR benefits in accordance with section 208.015, RSMo for any month in which the Supplemental Security Income (SSI) claim was pending.

3. (2) An attorney who has represented a GR recipient in a successful appeal of a claim for SSI benefits before an administrative law judge, in accordance with the Code of Federal Regulations at 20 CFR 416.1429-61, may make a claim to the Department of Social Services for compensation for representation for decisions rendered August 28, 1990 or later. Claims for compensation for representation must—

   1. (A) Be submitted to the Department of Social Services at the following address within sixty (60) days of the date of the administrative law judge’s favorable decision setting the amount of fees or the date of the notice from the secretary of Health and Human Services (HHS) setting the amount of fees: Missouri Division of Family Services Income Maintenance Section P.O. Box 88 Jefferson City, MO 65103; and

   2. (B) Include the following documentation:

      1. 1. A copy of—

         1. A. The attorney’s petition to the

administrative law judge requesting fee approval; and

1. B. The fee agreement between the

claimant and attorney submitted to the secretary of HHS;

1. 2. A copy of the favorable decision of

the SSI appeal dated August 28, 1990 or later;

1. 3. A copy of the document setting the

amount of the fee approved by the administrative law judge or the secretary of HHS; and

1. 4. A letter requesting compensation,

including the amount of compensation already received from or on behalf of the GR recipient; the name, address, birth date and Social Security number of the GR recipient the attorney represented; and the address to which compensation should be mailed.

1. (3) Upon receipt of requests for compensation, the Department of Social Services shall—

   1. (A) Determine if the claim for compensation meets the criteria described in section (2);

   2. (B) Make, for claims which meet the criteria of section (2), a disbursement to the attorney within thirty (30) days of receipt of the claim, including all items listed in paragraphs (2)(B)1.–4. of this rule, or rule, or within thirty (30) days of funds being appropriated those claims, days of funds being appropriated those claims, wherever is greater. The amount of the disbursement shall be the lease of—

      1. 1. The fee approved by the administra-

tive law judge, reduced by the amount of any compensation the attorney has already collected from or on behalf of the GR recipient;

1. 2. Twenty-five percent (25%) of the

maximum SSI payment for an individual for one (1) year; or

1. 3. The amount of GR paid to the

claimant for the period during which the SSI claim was pending through the month of the administrative law judge’s favorable decision of SSI appeal; and

1. (C) Notify the attorney and the claimant of the amount of that disbursement or the reason no disbursement is made.

AUTHORITY: section 207.020, RSMo 1986.* Emergency rule filed Nov. 1, 1990, effective Nov. 11, 1990, expired March 11, 1991. Amended: Filed Nov. 1, 1990, effective April 29, 1991. 13 CSR 40-2

*Original authority 1945, amended 1961, 1965, 1977, 1981, 1982, 1986.