[First Reprint]

ASSEMBLY, No. 1401

 

STATE OF NEW JERSEY

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblymen CARABALLO, RUSSO and DeSopo

 

 

An Act concerning attorney fees and supplementing Title 44 of the Revised Statutes.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. The Division of Family Development in the Department of Human Services shall disburse funds 1from the Payments to Municipalities for Cost of General Assistance fund1 for 1[reasonable attorney's]1 fees to an attorney 1or an legal entity providing legal services1 who represents a recipient of public assistance pursuant to P.L.1947, c.156 (C.44:8-107 et seq.) in an appeal of a claim for federal Supplemental Security Income benefits pursuant to the federal Social Security Act, Publ.92-603 (42 U.S.C.§1381 et seq.), if the appeal is decided in favor of the recipient. 1The fees to the attorney or legal entity providing legal services shall be a fixed amount set by the rules and regulations promulgated by the Commissioner of Human Services.1

    The disbursement shall not be made unless a petition and a copy of the favorable decision is submitted by the attorney 1or by the legal entity providing legal services1 to the Division of Family Development within 60 days of the date of 1receipt of 1 the 1favorable1 appeal decision. The disbursement of the fees to the attorney 1or to the legal entity providing legal services1 shall be made within 30 days of the date of the submission by the attorney of the required information.

 

    2. The Division of Family Development shall reduce the amount of 1[Supplemental Security Income] Payments to Municipalities for Cost of General Assistance1 funds otherwise obliged to be paid to the municipal welfare department as reimbursement for the public assistance provided while the Supplemental Security Income claim was appealed by the 1fixed fee1 amount disbursed 1[as a reasonable fee]1 to the attorney 1or to the legal entity1 representing the recipient of 1[the]1 public assistance 1from that municipal welfare department1.

 

    3. The 1[Director of the Division of Family Development in] Commissioner of 1 the Department of Human Services shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act.

 

    4. This act shall take effect on the 60th day following enactment.

 

 

 

Provides for attorneys' fees in SSI claim appeals.