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COMPLAINT
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EXTRACTED KEY WORDS
USER FEE COMMISSIONER ATTORNEYS FEES ASSESSMENT SOCIAL SECURITY ACT CLAIMANTS PUBLIC LAW UNITED STATES REPRESENTATIVES TICKET MEMBERS DISABILITY CONGRESS CALCULATION NATIONAL ORGANIZATION ACTING COMMISSIONER DEFENDANTS WORK INCENTIVES IMPROVEMENT ASSESSMENT RATE SECURITY ADMINISTRATION FEES WITHHELD PLAINTIFF NOSSCR COURT DEEMS MONETARY DAMAGE FEDERAL RULE PAST-DUE DISABILITY BENEFITS PROSECUTION COMPLAINT PURSUANT |
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
WESTERN DIVISION
BLAKE PARKER, On his own behalf and on
behalf of all others similarly situated, and
NATIONAL ORGANIZATION OF SOCIAL
SECURITY CLAIMANTS Civ. Act. No.CO1-3044 MWB
R
EPRESENTATIVES (NOSSCR),
Plaintiffs,
v. COMPLAINT
LARRY G. MASSANARI, Acting
Commissioner of Social Security, and
DAVID M. WALKER, Comptroller General
of the United States,
Defendants.
PRELIMINARY STATEMENT
1. This is an action filed on behalf of Plaintiff Blake Parker and the National
of Social Security Claimants Representatives. This action is filed as a class action on behalf of
all attorneys similarly situated. Plaintiffs seek enforcement of section 406 of the Ticket to Work
and Work Incentives Improvement Act of 1999, Public Law 106-170, also known as the "Ticket
to Work Act." That section governs the calculation, assessment, and collection of a "user fee" on
attorneys fees withheld from past-due disability benefits paid to claimants by the Commissioner.
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2. The Comptroller General has failed and refused to issue a study pertaining to the "user
fee" required by act of Congress to be submitted to Congress by December 17, 2000. The
Commissioner has improperly calculated, assessed, and collected the "user fee".
3. The Commissioner is required to withhold attorneys fees under certain circumstances.
The Commissioner does not timely withhold and pay attorneys fees. The "user fee" has caused
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