63.2-803 - Payment for legal services in claims for Supplemental Security Income. - Virginia Statutes

§ 63.2-803. Payment for legal services in claims for Supplemental SecurityIncome.

The Commissioner shall establish an advocacy project to assist recipients ofgeneral relief or children entrusted or committed to foster care who may beeligible for federal Supplemental Security Income (SSI) benefits in obtainingsuch benefits. Local departments may determine and refer appropriatepotential SSI claimants to attorneys, or advocates working under thesupervision of an attorney, for representation under this project. Thisproject shall provide for disbursements to any such attorney or advocate uponreceipt of a favorable decision in such referred claims.

Such disbursements shall be in an amount determined by the Board to besufficient to ensure prompt and adequate representation of such recipients.This amount shall not exceed the lesser of the recoupment for state and localassistance paid, as provided by the Social Security Act, 42 U.S.C. § 1383(g), as amended, or twenty-five percent of the maximum federal back-due SSIgrant payable to an individual.

Such disbursement shall be made upon submission by the attorney of a petitionand a copy of the favorable decision. Petitions must be presented withinsixty days of the favorable Social Security Administration decision.

The Board, in consultation with the Virginia State Bar, shall adoptregulations necessary to implement this section.

(1992, c. 170, § 63.1-89.1; 2002, c. 747.)