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Office of Hearings and Appeals

Volume I

Transmittal No. I-5-1-10

Division 5: Temporary Instructions

Subject: Limitation on the Amount Available to Reimburse Representatives for Travel to Attend Hearings Under Section 5106(c) of Pub. L. No. 101-508


Section 5106(c) of the Omnibus Budget Reconciliation Act of 1990 (OBRA '90), Pub. L. No. 101-508, enacted November 5, 1990, amended §§ 201(j), 1631(h), and 1817(i) of the Social Security Act to provide that:

The amount available for payment under this subsection for travel by a representative to attend an administrative proceeding before an administrative law judge or other adjudicator shall not exceed the maximum amount allowable under this subsection for such travel originating within the geographic area of the office having jurisdiction over such proceeding.

The amendment was effective for the reimbursement of travel expenses incurred by representatives on or after April 1, 1991.

Explanation of Content and Changes

This Temporary Instruction (TI) outlines the policy and implementing procedures for determining the amount available for payment for representatives' travel expenses. It also includes procedures for modifying notices regarding reimbursement for representatives' travel expenses.

These instructions are to be implemented immediately. Managers should furnish a copy of this TI to all Regional Office, Hearing Office, and Headquarters personnel who are responsible for reimbursement of travel expenses incurred by representatives.

Date: July 30, 1991