SENATE, No. 1010

STATE OF NEW JERSEY

INTRODUCED MARCH 21, 1996

By Senator MARTIN

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 from the Payments to Municipalities for Cost of General Assistance fund for fees to an attorney or a legal entity providing legal services 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. The 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.

    The disbursement shall not be made unless a petition and a copy of the favorable decision is submitted by the attorney or by the legal entity providing legal services to the Division of Family Development within 60 days of the date of receipt of the favorable appeal decision. The disbursement of the fees to the attorney or to the legal entity providing legal services 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 Payments to Municipalities for Cost of General Assistance 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 fixed fee amount disbursed to the attorney or to the legal entity representing the recipient of public assistance from that municipal welfare department.

    3. The Commissioner of 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.

STATEMENT

    The bill would require that the Division of Family Development in the Department of Human Services pay the fees of attorneys or any legal entity, such as Community Health Law Project, which represent recipients of public assistance in successful appeals of claims for federal Supplemental Security Income (SSI) benefits. The bill provides that the fee paid would be an amount fixed by rules and regulations promulgated by the Commissioner of Human Services.

    Funding for the payment of these fees would be disbursed from the Payments to Municipalities for Cost of General Assistance fund. This SSI payment is made to the municipal welfare department pursuant to a contract between the federal Department of Health and Human Services and the State and is reimbursed to the municipal welfare department for the public assistance provided while the SSI claim was being appealed.

Provides for attorneys' fees in SSI claim appeals.