Virginia Code 63.2-803: Payment for legal services in claims for Supplemental Security Income
The Commissioner shall establish an advocacy project to assist recipients of general relief or children entrusted or committed to foster care who may be eligible for federal Supplemental Security Income (SSI) benefits in obtaining such benefits. Local departments may determine and refer appropriate potential SSI claimants to attorneys, or advocates working under the supervision of an attorney, for representation under this project. This project shall provide for disbursements to any such attorney or advocate upon receipt of a favorable decision in such referred claims.
Terms Used In Virginia Code 63.2-803
- Commissioner: means the Commissioner of the Department, his designee or authorized representative. See Virginia Code 63.2-100
- General relief: means money payments and other forms of relief made to those persons mentioned in § 63. See Virginia Code 63.2-100
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
Such disbursements shall be in an amount determined by the Board to be sufficient to ensure prompt and adequate representation of such recipients. This amount shall not exceed the lesser of the recoupment for state and local assistance 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 SSI grant payable to an individual.
Such disbursement shall be made upon submission by the attorney of a petition and a copy of the favorable decision. Petitions must be presented within sixty days of the favorable Social Security Administration decision.
The Board, in consultation with the Virginia State Bar, shall adopt regulations necessary to implement this section.
1992, c. 170, § 63.1-89.1; 2002, c. 747.