GAO STUDY REGARDING THE FEE PAYMENT PROCESS FOR CLAIMANT REPRESENTATIVES.

SEC. 304. GAO STUDY REGARDING THE FEE PAYMENT PROCESS FOR CLAIMANT REPRESENTATIVES.(a) Study.—(1) In general.—The Comptroller General of the United States shall study and evaluate the appointment and payment of claimant representatives appearing before the Commissioner of Social Security in connection with benefit claims under titles II and XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) in each of the following groups:(A) Attorney claimant representatives who elect fee withholding under section 206 or 1631(d)(2) of such Act.(B) Attorney claimant representatives who do not elect such fee withholding.(C) Non-attorney claimant representatives who are eligible for, and elect, such fee withholding.(D) Non-attorney claimant representatives who are eligible for, but do not elect, such fee withholding.(E) Non-attorney claimant representatives who are not eligible for such fee withholding.(2) Matters to be studied.—In conducting the study under this subsection, the Comptroller General shall, for each of group of claimant representatives described in paragraph (1)—(A) conduct a survey of the relevant characteristics of such claimant representatives including—(i) qualifications and experience;(ii) the type of employment of such claimant representatives, such as with an advocacy group, State or local government, or insurance or other company;(iii) geographical distribution between urban and rural areas;118 STAT. 524(iv) the nature of claimants’ cases, such as whether the cases are for disability insurance benefits only, supplemental security income benefits only, or concurrent benefits;(v) the relationship of such claimant representatives to claimants, such as whether the claimant is a friend, family member, or client of the claimant representative; and(vi) the amount of compensation (if any) paid to the claimant representatives and the method of payment of such compensation;(B) assess the quality and effectiveness of the services provided by such claimant representatives, including a comparison of claimant satisfaction or complaints and benefit outcomes, adjusted for differences in claimant representatives’ caseload, claimants’ diagnostic group, level of decision, and other relevant factors;(C) assess the interactions between fee withholding under sections 206 and 1631(d)(2) of such Act (including under the amendments made by section 302 of this Act and under the demonstration project conducted under section 303 of this Act), the windfall offset under section 1127 of such Act, and interim assistance reimbursements under section 1631(g) of such Act; (D) assess the potential results of making permanent the fee withholding procedures under sections 206 and 1631(d)(2) of such Act under the amendments made by section 302 of this Act and under the demonstration project conducted under section 303 of this Act with respect to program administration and claimant outcomes, and assess whether the rules and procedures employed by the Commissioner of Social Security to evaluate the qualifications and performance of claimant representatives should be revised prior to making such procedures permanent; and(E) make such recommendations for administrative and legislative changes as the Comptroller General of the United States considers necessary or appropriate.(3) Consultation required.—The Comptroller General of the United States shall consult with beneficiaries under title II of such Act, beneficiaries under title XVI of such Act, claimant representatives of beneficiaries under such titles, and other interested parties, in conducting the study and evaluation required under paragraph (1).(b) Report.—Not later than 3 years after the date of the submission by the Commissioner of Social Security to each House of Congress pursuant to section 303(d) of this Act of written notice of completion of full implementation of the requirements for operation of the demonstration project under section 303 of this Act, the Comptroller General of the United States shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the results of the study and evaluation conducted pursuant to subsection (a).118 STAT. 525