# Federal Old-Age, Survivors, and Disability Insurance and Supplemental Security Income for the Aged, Blind, and Disabled; Limitation of Travel Expenses for Representation of Claimants at Administrative Proceedings > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-3961 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** February 23, 1994 ## Text DEPARTMENT OF HEALTH AND HUMAN SERVICES Social Security Administration 20 CFR Parts 404 and 416 RIN 0960-AD46 Federal Old-Age, Survivors, and Disability Insurance and Supplemental Security Income for the Aged, Blind, and Disabled; Limitation of Travel Expenses for Representation of Claimants at Administrative Proceedings AGENCY: Social Security Administration, HHS. ACTION: Final rules. ----------------------------------------------------------------------- SUMMARY: We are amending our regulations concerning payment of certain travel expenses to implement section 5106(c) of the Omnibus Budget Reconciliation Act of 1990 (OBRA 1990). Section 5106(c) amends certain sections of the Social Security Act (the Act) to limit the amount available for payment under those sections for travel expenses of individuals who represent claimants at certain administrative proceedings. EFFECTIVE DATE: These final rules are effective February 23, 1994. FOR FURTHER INFORMATION CONTACT: Philip Berge, Legal Assistant, 3-B-1 Operations Building, 6401 Security Boulevard, Baltimore, MD 21235, (410) 965-1769. SUPPLEMENTARY INFORMATION: We published proposed rules to implement section 5106(c) of OBRA 1990, Public Law 101-508, in a Notice of Proposed Rulemaking in the Federal Register on January 19, 1993 (58 FR 4950). We provided interested individuals and organizations 60 days within which to submit comments on the proposed rules. The comment period closed March 22, 1993. We did not receive any comments on the proposed rules. Therefore, except for a technical correction discussed below and some editorial changes, these final rules are the same as the proposed rules. These final rules amend our regulations on the payment of travel expenses of individuals who represent claimants at certain administrative proceedings to implement the amendments to sections 201(j), 1631(h) and 1817(i) of the Act made by section 5106(c) of OBRA 1990. In general, sections 201(j), 1631(h) and 1817(i) of the Act provide authority to reimburse certain persons for certain travel expenses which they incur in connection with the Social Security, Supplemental Security Income (SSI) or Medicare program under titles II, XVI and XVIII of the Act, respectively. Among other things, these sections of the Act authorize the payment of certain travel expenses to a claimant's representative for travel to attend a reconsideration interview or a proceeding before an administrative law judge (ALJ). Section 5106(c) of OBRA 1990 amends sections 201(j), 1631(h) and 1817(i) of the Act to limit the amount available for payment under these sections of the Act for travel by a representative to attend an administrative proceeding before an ALJ or other adjudicator. The amendments under section 5106(c) specify that the amount available for such payment shall not exceed the maximum amount allowable under these sections of the Act for a representative's travel originating within the geographic area of the office having jurisdiction over the proceeding. The Conference Committee Report on OBRA 1990 states that under the amendments the reimbursement for travel by a representative ``could not exceed the maximum amount that would be payable for travel to the site of the reconsideration interview or proceeding before an ALJ from a point within the geographical area served by the office having jurisdiction over the interview or proceeding.'' H.R. Rep. No. 964, 101st Cong., 2d Sess. 934 (1990). The final regulations amend our regulations relating to the payment of travel expenses of a claimant's representative for travel to attend a disability hearing or hearing before an ALJ under the Social Security or SSI programs to implement the amendments made by section 5106(c) of OBRA 1990. The title II regulations on travel reimbursement, like the rules in subpart J of 20 CFR part 404 generally, are made applicable to certain proceedings under the Medicare program pursuant to 42 CFR 405.701(c). Therefore, the changes to the title II regulations on travel reimbursement also affect reimbursement of travel expenses of a representative in connection with those Medicare proceedings under the Medicare program and, thus, implement the amendment to section 1817(i) of the Act made by section 5106(c) of OBRA 1990. Our existing regulations on the payment of certain travel expenses, Secs. 404.999a et seq. and Secs. 416.1495 et seq., implement the pertinent provisions of the Act regarding travel reimbursement that were in effect prior to April 1, 1991, the effective date of section 5106(c) of OBRA 1990. With respect to travel expenses incurred prior to that date, we reimbursed a representative for allowable expenses for travel to a disability hearing or ALJ hearing site from the representative's residence or office (depending upon whether the representative's travel originated from his or her residence or from the office) regardless of its geographic location. Based on travel distance between the hearing site and the representative's travel origination point (residence or office) and subject to the limitations in Secs. 404.999c(d) and 416.1498(d), we determined the amount allowable for reimbursement for the ordinary expenses of transportation (Secs. 404.999c(a) and 416.1498(a)) and for unusual travel costs (Secs. 404.999c(b) and 416.1498(b)) pursuant to the applicable rules governing rates and conditions of payment (Secs. 404.999c(c) and 416.1498(c)). Effective with travel expenses incurred by a representative on or after April 1, 1991, however, section 5106(c) of OBRA 1990 provides that the amount of reimbursement for such expenses shall not exceed the allowable amount that we could reimburse the representative for travel originating within the geographic area of the office having jurisdiction over the proceeding. Accordingly, the final regulations amend our regulations to provide that the amount available to reimburse a representative for travel to attend a disability hearing or a hearing before an ALJ shall not exceed the maximum amount allowable for travel to the hearing site from any point within the geographic area of the office having jurisdiction over the hearing. The final rules explain that the geographic area of the office having jurisdiction over the hearing means, as appropriate-- --The designated georgraphic service area of the State agency adjudicatory unit having responsibility for providing the disability hearing; --If a Federal disability hearing officer holds the disability hearing, the geographic area of the State in which the claimant resides or, if the claimant is not a resident of a State, in which the hearing officer holds the disability hearing; or --The designated geographic service area of the Office of Hearings and Appeals hearing office having responsibility for providing the hearing before an ALJ. In cases in which a Federal disability hearing officer holds the disability hearing, the hearing officer travels to the State in which the claimant resides to hold the hearing. In those infrequent cases in which the claimant is not a resident of a State, the Federal disability hearing officer holds the disability hearing in a location in a State that is convenient for the claimant and the hearing officer. With respect to these cases, the final regulations define the geographic area of the office having jurisdiction over the hearing to mean the geographic area of the State in which the claimant resides or, if the claimant is not a resident of a State, in which the hearing officer holds the disability hearing. This definition is consistent with the congressional intent underlying section 5106(c) of OBRA 1990 in that it treats the claimant and his or her representative in the same manner as if a State agency hearing officer held the disability hearing. In the final title II regulations relating to cases in which a Federal disability hearing officer holds the disability hearing, the term ``State'' has the meaning assigned to it in current Sec. 404.2(c)(5), except that the term also includes the Northern Mariana Islands. In the final title XVI regulations relating to such cases, the term ``State'' means a State as defined in current Sec. 416.120(c)(9). This definition of ``State'' in the final title XVI regulations Sec. 416.1498(d)(3)(i)(B), was omitted from the text of the proposed rules, although it was discussed in the preamble to those rules (58 FR 4950, 4951). Its inclusion in the final rules represents a technical correction. We are basing the maximum amount allowable on the distance to the hearing site from the farthest point within the appropriate geographic area. We will determine the maximum amount allowable for travel between these two points under the existing regulations, i.e., subject to the existing limitations in paragraph (d)(1) and paragraph (d)(3) (herein to be redesignated as paragraph (d)(4)) of Secs. 404.999c and 416.1498 (relating to travel within the United States and a claimant's request for a change to a more distant hearing site) and pursuant to the applicable rules governing rates and conditions of payment under paragraphs (a) through (c) of Secs. 404.999c and 416.1498. Under our existing regulations, we will not reimburse a representative's travel expenses unless the distance he or she travels, i.e., the distance to the hearing site from the representative's residence or office (whichever he or she travels from), exceeds 75 miles (Secs. 404.999c(d)(2) and 416.1498(d)(2)). The final regulations provide a similar limitation. Under the final rules, we will use the point within the appropriate geographic area that is the farthest point from the hearing site as the representative's travel origination point (equivalent to residence or office under the existing regulations) for purposes of determining the maximum amount allowable for reimbursement. The final rules provide that if the distance to the hearing site from the farthest point within the appropriate geographic area does not exceed 75 miles, we will not reimburse a representative for any travel expenses. This is consistent with the 75-mile rule in the current regulations. Under the final regulations, actual reimbursement for a representative's travel expenses is limited to the lesser of: (1) Actual travel expenses incurred and allowable under the regulations (whether travel actually originates within the designated geographic area or outside that area); or (2) the maximum amount allowable for travel to the hearing site from the farthest point within the geographic area of the office having jurisdiction over the hearing. In practice, the final rules will not affect reimbursement of travel expenses of a representative whose travel originates within the geographic area of the office having jurisdiction over the hearing. This is because the expenses incurred and allowable under the regulations for such travel would be less than, or equal to, the maximum amount allowable for travel to the hearing site from the farthest point within the appropriate geographic area. We are amending Secs. 404.999c and 416.1498 by redesignating paragraph (d)(3) as (d)(4) and adding a new paragraph (d)(3) to state and define the limit on the amount of reimbursement for a representative's travel expenses mandated by section 5106(c) of OBRA 1990. The final regulations state that the amount of reimbursement for travel expenses for a representative shall not exceed the maximum amount allowable for travel to the hearing site from any point within the geographic area of the office having jurisdiction over the hearing; define the geographic area of the office having jurisdiction over the hearing; and explain how we determine the maximum amount allowable for travel by a representative based on the distance to the hearing site from the farthest point within the appropriate geographic area. We also are amending Secs. 404.999c(c) and 416.1498(c) to change the reference from 41 CFR Part 101-7 to 41 CFR chapter 301, where the Federal Travel Regulations are now codified. Regulatory Procedures Regulatory Flexibility Act We certify that these regulations will not have a significant economic impact on a substantial number of small entities because these rules will affect only individuals. Therefore, a regulatory flexibility analysis as provided in Pub. L. 96-354, the Regulatory Flexibility Act, is not required. Paperwork Reduction Act These regulations impose no new reporting or recordkeeping requirements requiring Office of Management and Budget clearance. (Catalog of Federal Domestic Assistance Program Nos. 93.773 and 93.774, Medicare; 93.802-93.805, Social Security; and 93.807, Supplemental Security Income.) List of Subjects 20 CFR Part 404 Administrative practice and procedure, Aged, Blind, Death benefits, Disability benefits, Insurance, Old-Age, Survivors, and Disability Insurance, Reporting and recordkeeping requirements. 20 CFR Part 416 Administrative practice and procedure, Aged, Blind, Disability benefits, Public Assistance programs, Supplemental Security Income (SSI), Reporting and recordkeeping requirements. Dated: November 19, 1993. Shirley Chater, Commissioner of Social Security. Approved: February 8, 1994. Donna E. Shalala, Secretary of Health and Human Services. For the reasons set out in the preamble, subpart J of part 404 and subpart N of part 416 of 20 CFR chapter III are amended as follows: PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITYINSURANCE (1950- ) 1. The authority citation for subpart J of part 404 continues to read as follows: Authority: Secs. 201(j), 205 (a), (b), and (d)-(h), 221(d), and 1102 of the Social Security Act; 31 U.S.C. 3720A; 42 U.S.C. 401(j), 405 (a), (b), and (d)-(h), 421(d), and 1302. Sec. 404.999c [Amended] 2. In Sec. 404.999c(c) introductory text, the reference to ``41 CFR part 101-7'' is revised to read ``41 CFR chapter 301''. 3. Section 404.999c is amended by redesignating paragraph (d)(3) as (d)(4) and adding a new paragraph (d)(3) to read as follows: Sec. 404.999c What travel expenses are reimbursable. * * * * * (d) * * * (3) For travel expenses incurred on or after April 1, 1991, the amount of reimbursement under this section for travel by your representative to attend a disability hearing or a hearing before an administrative law judge shall not exceed the maximum amount allowable under this section for travel to the hearing site from any point within the geographic area of the office having jurisdiction over the hearing. (i) The geographic area of the office having jurisdiction over the hearing means, as appropriate-- (A) The designated geographic service area of the State agency adjudicatory unit having responsibility for providing the disability hearing; (B) If a Federal disability hearing officer holds the disability hearing, the geographic area of the State (which includes a State as defined in Sec. 404.2(c)(5) and also includes the Northern Mariana Islands) in which the claimant resides or, if the claimant is not a resident of a State, in which the hearing officer holds the disability hearing; or (C) The designated geographic service area of the Office of Hearings and Appeals hearing office having responsibility for providing the hearing before an administrative law judge. (ii) We or the State agency determine the maximum amount allowable for travel by a representative based on the distance to the hearing site from the farthest point within the appropriate geographic area. In determining the maximum amount allowable for travel between these two points, we or the State agency apply the rules in paragraphs (a) through (c) of this section and the limitations in paragraph (d) (1) and (4) of this section. If the distance between these two points does not exceed 75 miles, we or the State agency will not reimburse any of your representative's travel expenses. * * * * * PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED 1. The authority citation for subpart N of part 416 is revised to read as follows: Authority: Secs. 1102, 1631, and 1633 of the Social Security Act; 42 U.S.C. 1302, 1383, and 1383b. Sec. 416.1498 [Amended] 2. In Sec. 416.1498(c) introductory text, the reference to ``41 CFR part 101-7'' is revised to read ``41 CFR chapter 301''. 3. Section 416.1498 is amended by redesignating paragraph (d)(3) as (d)(4) and adding a new paragraph (d)(3) to read as follows: Sec. 416.1498 What travel expenses are reimbursable. * * * * * (d) * * * (3) For travel expenses incurred on or after April 1, 1991, the amount of reimbursement under this section for travel by your representative to attend a disability hearing or a hearing before an administrative law judge shall not exceed the maximum amount allowable under this section for travel to the hearing site from any point within the geographic area of the office having jurisdiction over the hearing. (i) The geographic area of the office having jurisdiction over the hearing means, as appropriate-- (A) The designated geographic service area of the State agency adjudicatory unit having responsibility for providing the disability hearing; (B) If a Federal disability hearing officer holds the disability hearing, the geographic area of the State (as defined in Sec. 416.120(c)(9)) in which the claimant resides or, if the claimant is not a resident of a State, in which the hearing officer holds the disability hearing; or (C) The designated geographic service area of the Office of Hearings and Appeals hearing office having responsibility for providing the hearing before an administrative law judge. (ii) We or the State agency determine the maximum amount allowable for travel by a representative based on the distance to the hearing site from the farthest point within the appropriate geographic area. In determining the maximum amount allowable for travel between these two points, we or the State agency apply the rules in paragraphs (a) through (c) of this section and the limitations in paragraph (d) (1) and (4) of this section. If the distance between these two points does not exceed 75 miles, we or the State agency will not reimburse any of your representative's travel expenses. * * * * * [FR Doc. 94-3961 Filed 2-22-94; 8:45 am] BILLING CODE 4190-29-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-3961. Public record. Not legal advice.