SSA - POMS: GN 03910.040 - Appointment of a Representative

A. Appointing a representative with Form SSA-1696

Effective December 9, 2024, representatives must use the current version of Form SSA-1696 for new or updated appointments. We determine the date the appointment was established by the date that the claimant signed the paper or electronic version. If the claimant did not date the appointment, we use the date the agency received the appointment. Appointments established prior to December 9, 2024, may be on the prior version of the Form SSA-1696 or in the form of another writing. It is not necessary for representatives to submit a new Form SSA-1696 on claims they were appointed to prior to December 9, 2024; however, they must use the current Form SSA-1696 when updating any of their appointment information or if they want to assign direct payment of their fees to an entity (provided that the regulatory criteria for an assignment are met). For appointments established on or after December 9, 2024, the representative must be registered and must submit the current version of the Form SSA-1696 to the agency. Form SSA-1696 comes in three formats:

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Paper (available at the field offices (FO) and hearing offices).
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Fillable PDF (available at https://www.ssa.gov/forms/ssa-1696.pdf).
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e1696 (available at https://secure.ssa.gov/ssa1696/front-end).

NOTE: We will not process obsolete versions of Form SSA-1696 that the claimant signed and dated on or after December 9, 2024, or the claimant did not date but that we received on or after December 9, 2024. We will dispose of the obsolete appointment form and ask the representative to submit a completed, current version of Form SSA-1696 to be appointed. For information about destruction of documents, see DI 81020.055F. For the notice of invalid appointment form, see GN 03905.055.

1. Who can appoint a representative

Only the following individuals can appoint a representative:

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The claimant;
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Any affected auxiliary beneficiary (for that beneficiary's own representation) or eligible spouse (for that spouse’s own representation);
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A parent of a minor claimant under age 18. However, in cases where we determine a claimant under age 18 is capable and does not require a payee, that minor claimant may also appoint and revoke the representative. For information on determining the capability of children, see GN 00502.070; or
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A legal guardian for a claimant judged legally incompetent. For information on legal evidence of incompetency, see GN 00502.023. For information on guardianship, see GN 00502.139.

NOTE 1: Legal guardians who meet our requirements (see GN 00502.139, GN 00502.300, and GN 03305.005) can appoint a representative or revoke an appointment on behalf of a claimant. Refer to GN 03305.005 for information on when a legal guardian can provide consent on behalf of an individual.

NOTE 2: Appointed representatives, representative payees (other than a parent or guardian), and third-party proper applicants may not sign a Form SSA-1696 on behalf of a claimant to appoint or revoke a representative.

EXCEPTION: If we receive a written inquiry from a federal government employee of a consulate or embassy in a foreign country for a claimant outside the United States, we will consider the employee as authorized to handle the claimant's application. In this situation include the official's inquiry in the record.

NOTE: Federal employees cannot represent claimants.

2. How to appoint a representative

For a claimant to appoint a representative, the claimant and representative must submit a complete, signed, and valid Form SSA-1696, Claimant's Appointment of a Representative (current version).

To be valid, Form SSA-1696 must include:

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The claimant's information (i.e., name and Social Security number (SSN));
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The representative's information (i.e., name, and Representative Identification Number (RepID));
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The signatures of the claimant (or other authorized individual) and representative;
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Any applicable self-reporting information and certifications of the representative (i.e., the information requested in section 5, parts A and D);

IMPORTANT: When a Form SSA-1696 contains appointment information and an assignment request, and the assignment request cannot be processed for any reason, the technician will continue processing the appointment and will notify the representative of the failed assignment. If no entity information is provided on the Form SSA-1696, or if the “No EIN” box is checked, RASR will default to “sole proprietor,” which means the representative will be recorded as self-employed and not affiliated with an entity. For more information on these notices, see GN 03905.036. For assignment policy and processing information, see GN 03920.021.

3. Scope of appointment

The claimant decides the scope of the appointment by completing Section 4 of Form SSA-1696 and indicating the case(s) the representative will handle. We do not limit or expand the scope of appointment. We do not assume that the claimant has appointed the representative to handle all pending case(s). If there is ambiguity in the scope of representation, we will contact the claimant for further clarification. For information on contacting a represented claimant, see GN 03910.050A. The contact must be documented in the appropriate system. If the claimant did not sign the form, we will contact the individual who signed the form and annotate the report of contact (ROC) in RASR.

EXAMPLE: Peggy is filing an appeal of a continuing disability review (CDR) determination that terminated Peggy's Title XVI benefits. Peggy appointed James as a representative, and James files a Form SSA-1696 in which Peggy selected "Title XVI" as the issue James will handle. While the appeal is still pending, Peggy files a Title II disability claim but does not appoint a representative to handle the Title II claim. We will only communicate with James regarding Peggy's Title XVI claim. We will not assume that Peggy has also appointed James to handle the Title II claim. For information on written communications sent to both claimants and appointed representatives, see GN 03910.050B.

4. Signature requirements

Both the claimant and the representative (whether an attorney or a non-attorney) must sign a Form SSA-1696 using one of three methods: a paper process, fillable PDF, or the electronic SSA-1696 (e1696) process.

If the representative did not sign the Form SSA-1696, we will not accept it even if the claimant has signed it. We will dispose of the form and send a notice to the representative requesting they submit a corrected form with both the claimant’s and representative’s signatures (see GN 03905.055B.2.). For information about destruction of documents, see DI 81020.055.

NOTE: The notice can be found in the Document Processing System (DPS) using these keywords in the search box: "Appointment Form Invalid."

a. Signature date

We recognize the appointment of a representative as of the date the claimant signed and dated the Form SSA-1696. If the claimant failed to date the form, we will recognize the appointment as of the day we receive the form.

NOTE: We do not accept a Form SSA-1696 unless there is a case pending before us. When we receive a Form SSA-1696 and there is no case pending, we will notify the sender using the notice for No Pending Claim referred to in GN 03905.055B.1.

However, we will accept the Form SSA-1696 if it is filed with an application for benefits or an appeal, or after a benefits application or appeal is filed, even if the form is dated prior to the filing date of the case.

b. Signatures on the electronic form (e1696)

We offer a fully electronic process for completing and submitting a Form SSA-1696 (i.e., the e1696). The electronic form is available at https://secure.ssa.gov/ssa1696/front-end. The prospective representative may complete designated sections of the e1696 and electronically sign it before sending it to the claimant to review, complete designated sections, and electronically sign.

Afterwards, the claimant may submit the form to us. A technician in the claimant's servicing FO will receive an electronic image of the Form SSA-1696-APP using Work Track to process.

c. Signatures on paper Form SSA-1696

Generally, if the claimant or representative submits an appointment using a paper Form SSA-1696, the claimant's signature must be in ink. If a claimant is unable to sign or can only mark an “X” on the paper Form SSA-1696, we will accept the form if:

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The claimant marks the form below the requested information; and
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Two witnesses who do not stand to benefit from the representative's appointment sign the Form SSA-1696 below the claimant’s "X" and provide their full mailing addresses. For information on signature requirements, see GN 00201.010 and GN 00201.015.

NOTE: We will not accept the appointment if the mark by the claimant is not accompanied by the witnesses' signatures.

For appointed representatives, we accept signatures in ink or the representative’s rubber stamp signature, unless there is reason to doubt the representative’s intent to sign and be bound by the appointment document. In that case, the technician must contact the representative to verify the intent.

We will accept a facsimile (fax) or electronic copy of the original signed document but reserve the right to request the original form.

d. Commercial product alternative signatures on Form SSA-1696 (PDF format)

We will accept Form SSA-1696 where the claimant has signed using a commercial product that affixes:

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A signer’s name on the signature area of the form,
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The date the document was signed, and
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The time the document was signed.

All other form requirements must be met as well. See EM-25010 REV for more detailed instructions on commercial product alternative signature (CPAS) requirements.

NOTE: The representative is not required to use a CPAS even if the claimant has signed the document using a CPAS (representatives may use a CPAS or any of the other permitted signing methods described in this subsection).

5. Filing Form SSA-1696

A representative and claimant may electronically complete and submit an e1696 through a portal found at https://secure.ssa.gov/ssa1696/front-end. The representative or claimant can also file the paper Form SSA-1696 through any of the following methods:

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Electronic records express (ERE) portal,
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iAppeals portal,
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Electronic Fax (eFax) or analog fax (eFax numbers are available at https://www.ssa.gov/locator/ by using the Social Security’s Office locator (under the “Locate An Office By Zip” tab), or by calling us at 1-800-772-1213,
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Mail; or
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In person.

If filing the Form SSA-1696 by mail or in person, the claimant or representative must file the paper form with the claimant's servicing FO at the initial and reconsideration levels, with the Office of Hearing Operations (OHO) if the claim is pending at the hearings level, with the Office of Appellate Operations (OAO) if the claimant requested a review of the hearing-level action, or with OHO or OAO if the case is pending with that component following a court remand.

Once the form is filed, we will process it as explained in GN 03910.040F. For more information about who can be a representative and the authority and responsibilities of a representative, see GN 03910.020 and GN 03910.025. For the scope of an appointment, see GN 03910.040A.4.

IMPORTANT: The e1696 portal cannot accept attachments of other representational documents along with the completed e1696.

NOTE: The Disability Determination Services (DDS) offices cannot process appointment forms. If any Form SSA-1696 is submitted to the DDS, DDS must route it to the claimant's servicing FO for processing.

6. Updating appointment information

An updated Form SSA-1696 will be necessary when the representative’s information or the relationship between the representative and the claimant changes. Section 1 of the form provides options for the claimant and representative to identify which section of the form will be updated. Each of these updates requires signatures by either the claimant, the representative, or both.

a. The claimant's signature is required

The claimant's signature is required when Section 3 of Form SSA-1696 is updated to designate a new principal representative.

b. The representative's signature is required

The representative's signature is required when the representative wants to change information in Section 5 of Form SSA-1696. This includes:

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Changes in their status (i.e., a non-attorney becomes an attorney);
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Changes in their affiliation or EIN; or
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Making or changing an assignment of direct payment of their authorized fee to an entity.

c. Claimant's and Representative's signatures are required

The claimant's and the representative's signatures are both required when making changes to the following sections:

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Section 4 - Claim Type

Changes to the scope of representation. For example, the claimant appointed the representative for a Title XVI claim and wants to add representation on a new Title II claim.
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Section 6 - Fee Arrangement

Changes to the fee arrangement.
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Section 7 - Other Claims

If the claimant wants to include any auxiliaries to the appointment, they can be added to Section 7.

IMPORTANT: Staff must accept and process the form even when auxiliary information is missing.

The representative must submit all changes to their personal and financial information (except for making or changing an assignment) with an updated SSA-1699. For example, if a non-attorney representative was appointed before the date the representative became eligible for direct fee payment, the representative must submit an updated Form SSA-1699, then submit an updated Form SSA-1696 for each pending case in which the representative wants to receive direct payment.

B. Entities listed on Form SSA-1696

1. Law firm or organization named as representative

We do not recognize entities (e.g., law firms or organizations) as representatives. If a Form SSA-1696 identifies an entity as the claimant’s representative, follow the process for invalid appointment forms in GN 03910.040E.

2. Making or rescinding an assignment to an entity on Form SSA-1696

Representatives must use the Form SSA-1696 to assign direct payment of any authorized fee to an entity they affiliated with through registration. To make an assignment, representatives add the EIN and the entity’s name to designate an affiliate on that claim and select the assignment option in Section 5 of Form SSA-1696.

Representatives who previously submitted a Form SSA-1696 for the case may make or change an assignment by completing and submitting only Sections 1 and 5 of the form, but they must ensure that their Rep ID, the claimant’s SSN, and the entity’s EIN information are included on the page for processing. They must further ensure that they have affiliated with the entity using a Form SSA-1699 during the registration process.

Similarly, representatives rescind an assignment by submitting an updated Form SSA-1696 with the rescission of a prior assignment option in Section 5 selected or by submitting an updated form SSA-1696 with a new assignment to a different entity. For more information on rescinding an assignment, see GN 03920.021.

Representatives may make or rescind an assignment before the date we notify the claimant of our first favorable determination or decision on a case. For more information on assignment of direct fee payments and on rescinding a previously submitted assignment, see GN 03920.021 and GN 03910.040F.

NOTE: Representatives may only assign direct payment of a fee to an entity they affiliate with during registration. For more information on registration, see GN 03913.005.

C. Multiple representatives appointed

A claimant may appoint multiple representatives in a case at the same time or one after the other without revoking any prior appointments. We require each appointed representative to sign and submit a separate Form SSA-1696.

1. Principal representative

If a claimant appoints more than one representative, the claimant must designate one principal representative for the claim. We will contact and send notices or requests for development only to the principal representative. The principal representative must provide copies of notices or requests to the other appointed representative(s) as needed.

If the claimant does not designate a principal representative, technicians must contact the claimant to determine which representative the claimant intends to be the principal representative. If technicians are unable to reach the claimant, we will select the most recently appointed representative as the new temporary principal representative and notify the claimant that they must make a selection themselves. At the hearings and appeals levels, staff will follow additional guidance in HALLEX I-1-1-11 C when contact with the claimant is not feasible or appropriate.

Technicians must document the claimant's intent in the Registration, Appointment and Services for Representative (RASR) application either by annotating a ROC screen in RASR or by obtaining a new, signed Form SSA-1696.

IMPORTANT: Do not suggest that the claimant needs to revoke any representative's appointment. Also do not contact the first representative to find out if that representative withdrew from the pending case.

2. Multiple representatives appointed at the same time

If the claimant appoints more than one representative at the same time, check the claim(s) file to determine whether:

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There is an individual Form SSA-1696 for each co-representative,
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The claimant designated a principal representative on Section 3 of the Form SSA-1696, and
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Each co-representative meets the qualifications in GN 03910.020A.

3. Multiple representatives appointed at different times

A claimant may appoint more than one individual to serve as a representative at any time during the administrative process. If the claimant doesn't revoke earlier appointments and prior representatives have not withdrawn, the claimant must specify the principal representative.

a. Claimant revokes the appointment of a previously appointed representative

If a claimant revokes the appointment of one representative and then appoints another representative, check the claim(s) file to determine whether:

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The claimant submitted a signed statement revoking the appointment of the first representative by name;
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The claimant submitted a Form SSA-1696 for the new representative; and
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The new representative meets the qualifications in GN 03910.020A.1. or GN 03910.020A.2.

NOTE: For convenience, claimants may (but are not required to) use Form SSA-1696 SUP-1 (Claimant's Revocation of the Appointment a Representative).

For information about revocation of an appointed representative, see GN 03910.060B.3.

b. Previously appointed representative withdraws

If a representative withdraws from a case:

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Obtain a copy of the written, signed, and dated statement to that effect from the representative; and
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Document the claim(s) file regarding whether the representative indicated that they will submit a waiver of the right to charge or collect a fee from either the claimant or any other source; and
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Document the withdrawal request in RASR by annotating a ROC screen in RASR and notify the claimant.

NOTE: For convenience, representatives may (but are not required to) use Form SSA-1696 SUP-2 (Representative's Withdrawal of Acceptance of an Appointment). For information about an appointed representative's withdrawal, see GN 03910.060A.4. For information on waiver of fee or direct payment of a representative's fees, see GN 03920.020. For information about the fee petition process, see GN 03930.000.

D. Appointment of a representative in a subsequent application

When a claimant receives an unfavorable decision at the hearing level, the claimant may appeal the decision to the Appeals Council (AC). In some cases where an exception is met, as described in DI 51501.001, the claimant may also submit a new initial application (i.e., a subsequent claim) to the FO while the appeal in the prior claim(s) is pending with the AC. For more information about subsequent disability applications, see DI 51501.001. For procedures on processing subsequent applications (FO or processing center (PC)), see Social Security Ruling 11-1p and GN 03104.380, and for information on fee agreements in subsequent application cases, see GN 03940.038.

NOTE: Because technicians cannot enter two individual cases under the same number holder’s SSN in RASR, they must enter the correct representative per case in the Modernized Claims System (MCS) or the Modernized SSI Claims System (MSSICS).

1. Documenting the appointment when the claimant is represented on the subsequent application

Whether the claimant appoints the same representative as in the prior claim or appoints a new representative, the claimant or representative must submit a new Form SSA-1696 in connection with the subsequent application. Technicians will process the form as explained in GN 03910.040B.

NOTE: If the claimant's intent regarding representation is unclear, technicians must contact the claimant to clarify the appointment(s) and they must document the contact in the claim(s) file using a RPOC. For instructions to follow when multiple representatives are appointed to the same case, see GN 03910.040C.

2. When we do not receive a Form SSA-1696 for a subsequent application

If we do not receive a Form SSA-1696, we will conclude that the claimant is not represented in the subsequent application and will not:

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Import previous representatives to the subsequent claim;
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Notify any representative, including any representative appointed in the prior claim, of any determination or decision made on the subsequent application; or
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Withhold any of the claimant's past-due benefits based on the subsequent application;

3. Appointment of a representative in a subsequent application, while a prior case is with the federal court or with us on remand from the court

When a claimant appeals a final administrative decision to the federal court, the claimant may submit a new (subsequent) initial application at the FO, including a new application for the same title and benefit, while the prior case is pending with the court. The claimant must submit a new Form SSA-1696 for each representative appointed on the subsequent application, even when the representative(s) handling the subsequent application is the same person representing the claimant in court, or the same person who represented the claimant before us in the prior claim.

If a claimant who has filed a subsequent application submitted a new Form SSA-1696 for that application and the court remands the previous case back to us, the AC will consolidate the court remanded claim with the subsequent application if the claims have a common issue. All valid appointment(s) in either case will remain in effect for the consolidated claims. This means that both representatives appointed on the initial claim and representatives appointed on the subsequent claim remain appointed for the consolidated claims. We will follow the policy on multiple representatives in GN 03910.040C above to process the consolidated claims. For the events that end a representative’s appointment on either claim, see GN 03910.060.

NOTE: To receive authorization for administrative fees all representatives must sign the same fee agreement form, or they must each file a separate fee petition. The court may authorize 406(b) fees, which has no effect on our authorization of administrative fees.

Example: A claimant filed for Title II disability benefits and has appealed our unfavorable decision to Federal court. The attorney who represented the claimant before us, continues to represent the claimant in Federal court. While the case is with the court, the claimant files a subsequent application for Title II disability and appoints a non-attorney as the representative. The non-attorney submits a valid Form SSA-1696 and fee agreement.

The court issues an order remanding the original case back to us. On remand, the AC evaluates the cases and consolidates them because they both share a common issue and have an overlapping alleged period of disability. In this consolidated case, the claimant now has two representatives (if the representative for the court appeal does not withdraw on remand) because no terminating events occurred for either representative. As such, the claimant will need to choose a principal representative, and, to have fees authorized for services performed before us, unless one of the representatives waives their fee, the representatives will need to either sign and timely submit a joint fee agreement or file separate fee petitions. For the policy on multiple representatives, see GN 03910.040C.

E. Information collection through Form SSA-1696

We process all complete and valid Forms SSA-1696 for representatives in RASR.

The parties must document the appointment of a representative by signing and submitting a Form SSA-1696 that meets the requirements outlined in GN 03910.040A. We will collect necessary information from the form and process the appointment in our systems.

1. Information we maintain for representatives

We maintain a current record of the identity of the individual representing the claimant in our systems. FO technicians will annotate the case file(s) and RASR according to the instructions in GN 03910.040F.

2. Information we collect to process the appointment of a representative

To process an appointment, we will collect the necessary information described in GN 03910.040A in RASR.

If Form SSA-1696 does not contain sufficient information to identify the claimant or the representative, or is missing a required signature, we will not recognize the appointment and will notify the person who submitted the form by sending a notice directing them to complete and submit a new Form SSA-1696. We will destroy the invalid form. For more information on invalid forms, see GN 03905.055B.2. For information about destruction of documents, see DI 81020.055.

If we cannot identify the individual who submitted the Form SSA-1696, we will notify the person for whom we have the most identifying information (either the representative or the claimant) and record the contact in a ROC in RASR. If we cannot identify either party, we will dispose of the form following agency guidelines.

When we process a sufficiently complete Form SSA-1696, we will also annotate the following to ensure that we accurately process the Form SSA-1696 in our systems and thereby ensure accurate fee processing and communications with the claimant and representative:

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The parties’ fee arrangement, if any (See GN 03920.020A);
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Information on affiliations (i.e., Employer Identification Number (EIN) or no EIN selection, depending on whether the representative wishes to affiliate with an entity (i.e., the information requested in section 5, part B)); and
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The name of the principal representative if the claimant appoints more than one representative.

F. Processing incoming appointments

To process incoming Form SSA-1696, the FO or PC will follow the procedures in GN 03910.040A and GN 03910.040E.2.a. OHO and OAO staff will follow the procedure in HALLEX I-1-1-11.

OHO or OAO staff will also annotate the appointment and the representative's information in their respective internal systems if they are not updated by RASR.

Technicians will take the following steps:

1. Review Form SSA-1696 before entering information into RASR

Before entering information into RASR, the processing component will review Form SSA-1696 to determine whether it contains information required in GN 03910.040A.

If the form is unclear about the scope of appointment or does not specify which pending case(s) the representative is appointed to handle the technician or staff will:

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Contact the claimant (by telephone or in writing) to clarify the scope of the representation; and
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Document the contact with the claimant by adding a copy of the written correspondence in the electronic folder or by using a ROC in the CCE, RPOC in MCS, or ROC for non-MCS or CCE cases. For non-MCS or MSSICS cases, upload the written correspondence or ROC into the electronic folder or file the original ROC in the paper folder.

NOTE: For contacting claimants, see GN 03910.050. If the contact attempts are unsuccessful, discard the form and send notice per GN 03905.055B.2. For the destruction of documents, see DI 81020.055.

2. Flag and annotate the system

Flag and annotate the case file and RASR as follows:

Type	Process
Electronic Claims	Step 1. Enter information from the Form SSA-1696 in RASR. For processing instructions, refer to GN 03913.040. If the information is entered by OHO or OAO, they will notify the FO of any additional action necessary. For more information see DI 81010.080. Step 2. The FO will ensure that the claims file in the EDCS contains the “Representative Involved" flag and the Form SSA-1696 is uploaded into the claim file. If the representative is appointed to the case before the file is sent to the DDS, OHO, or OAO, check that the "Representative Involved" flag was added to the electronic folder in disability claims. See DI 81020.085 for information on certified electronic folder flags. If the case is at the reconsideration or hearing level and jurisdiction has changed, activate the flag, if it hasn't updated automatically, and send an update after transfer (UAT) in EDCS.
Paper Claims	Step 1. Affix the Form SSA-1128 (Representative Involved) to the front lower right corner of the paper claim(s) folder and indicate on the form whether: a. The representative is an attorney, EDPNA, or a non-attorney who is not eligible for direct payment; b. A fee agreement has been submitted. See GN 03940.000; c. The representative assigns direct payment of the fee to an entity; d. The representative waives a fee or only direct payment of the fee from withheld past-due benefits; e. The claim is Title II, Title XVI, or concurrent; f. A third party has paid or will pay the representative's fee. See GN 03920.005B and GN 03920.010B for information on our authorization of fees when paid by a third-party entity; and g. The representative submits a fee agreement. Check the block on the Form SSA-1128 labeled “Fee Agreement in File,” but do not check either the “Approved” or “Disapproved” block if you are not the decision maker. See GN 03940.002 for information on the fee agreement decision maker. Step 2. Enter the information on Form SSA-1696 into RASR and file the form in the claim file. For processing instructions, refer to GN 03913.040 a. Enter the information in RASR, which will send the necessary notices and acknowledgments to the appointed representative and the claimant. b. The FO will also ensure that the representative's information propagates into the downstream systems (e.g., MCS, MSSICS, and Electronic Disability Collection System (EDCS)). c. When an affected auxiliary beneficiary's information becomes available, the FO will enter this information and ensure that a link to the claimant has been created through RASR. d. The FO will use the Evidence Portal to store all documents, Form SSA-1696, and any related material for claims that do not have an electronic folder. Step 3: Label evidence For paper claims, label any evidence submitted by a representative without a cover letter or other identifier by annotating the evidence in the upper right corner “Submitted by [Representative's Name] on [Date]."
IMPORTANT: Technicians must go through MCS (e.g., NOT2), MSSICS (e.g., UATH and UFEE), and Manual Adjustment Credit and Award Data Entry system (MACADE) (e.g., ATT) screens as applicable when adjudicating a claim. This process ensures that MCS, MSSIC, and MACADE have the most up-to-date appointed representative information.

Type

Process

Electronic Claims

Step 1. Enter information from the Form SSA-1696 in RASR. For processing instructions, refer to GN 03913.040. If the information is entered by OHO or OAO, they will notify the FO of any additional action necessary. For more information see DI 81010.080.

Step 2. The FO will ensure that the claims file in the EDCS contains the “Representative Involved" flag and the Form SSA-1696 is uploaded into the claim file.

If the representative is appointed to the case before the file is sent to the DDS, OHO, or OAO, check that the "Representative Involved" flag was added to the electronic folder in disability claims. See DI 81020.085 for information on certified electronic folder flags.

If the case is at the reconsideration or hearing level and jurisdiction has changed, activate the flag, if it hasn't updated automatically, and send an update after transfer (UAT) in EDCS.

Paper Claims

Step 1. Affix the Form SSA-1128 (Representative Involved) to the front lower right corner of the paper claim(s) folder and indicate on the form whether:

a.

The representative is an attorney, EDPNA, or a non-attorney who is not eligible for direct payment;
b.

A fee agreement has been submitted. See GN 03940.000;
c.

The representative assigns direct payment of the fee to an entity;
d.

The representative waives a fee or only direct payment of the fee from withheld past-due benefits;
e.

The claim is Title II, Title XVI, or concurrent;
f.

A third party has paid or will pay the representative's fee. See GN 03920.005B and GN 03920.010B for information on our authorization of fees when paid by a third-party entity; and
g.

The representative submits a fee agreement. Check the block on the Form SSA-1128 labeled “Fee Agreement in File,” but do not check either the “Approved” or “Disapproved” block if you are not the decision maker. See GN 03940.002 for information on the fee agreement decision maker.

Step 2. Enter the information on Form SSA-1696 into RASR and file the form in the claim file. For processing instructions, refer to GN 03913.040

a.

Enter the information in RASR, which will send the necessary notices and acknowledgments to the appointed representative and the claimant.
b.

The FO will also ensure that the representative's information propagates into the downstream systems (e.g., MCS, MSSICS, and Electronic Disability Collection System (EDCS)).
c.

When an affected auxiliary beneficiary's information becomes available, the FO will enter this information and ensure that a link to the claimant has been created through RASR.
d.

The FO will use the Evidence Portal to store all documents, Form SSA-1696, and any related material for claims that do not have an electronic folder.

Step 3: Label evidence

For paper claims, label any evidence submitted by a representative without a cover letter or other identifier by annotating the evidence in the upper right corner “Submitted by [Representative's Name] on [Date]."

IMPORTANT: Technicians must go through MCS (e.g., NOT2), MSSICS (e.g., UATH and UFEE), and Manual Adjustment Credit and Award Data Entry system (MACADE) (e.g., ATT) screens as applicable when adjudicating a claim. This process ensures that MCS, MSSIC, and MACADE have the most up-to-date appointed representative information.

NOTE: If the appointed representative discloses disbarment, suspension, or disqualification from a court, bar, or another Federal program or agency in section 5, part A of Form SSA-1696 or the appointed representative provides information in that section that is different than what is in our records, the FO or PC technicians or OHO or OAO staff must notify the Office of the General Counsel using the contact information in GN 03970.070.

3. Acknowledge the SSA-1696

RASR sends a notice to the appointed representative and a copy to the claimant acknowledging the appointment. The acknowledgment notice is also available in DPS and Manage Text (AURORA) processing system for manual processing in cases where RASR fails to send the notice (e.g., claimant's address is missing in the system).

IMPORTANT: Sending a copy of the acknowledgment notice alerts the claimant that we recognized the appointment and ensures the claimant's continued concurrence with it. For information about the available notices, See GN 03905.000.

4. Acknowledging the assignment of direct payment to an entity

If the representative has selected the assignment option in Section 5, Part C on Form SSA-1696, RASR will send an automated notice to the entity (notification RSR120).

If the representative is attempting to assign direct payment of any authorized fee to an entity but the representative’s request cannot be processed (i.e., entity is not registered, entity is on the ineligible for direct payment list (IDPE), the information or EIN is incorrect or invalid), technicians must access the DPS to prepare a manual notice to inform the representative that the assignment failed. Complete the appointment as described in GN 03910.040B.2. For an example of the Notification of Failed Assignment notice for both the representative and the entity, see GN 03905.036.

G. Processing a Form SSA-1696 post adjudication

Follow these instructions when:

•

The PC has completed effectuation or adjudication of a case, including the case(s) of any affected auxiliary beneficiaries;
•

There is any indication of a representative in the case (e.g., additional evidence accompanied by a cover letter from a representative); and
•

No Form SSA-1696 is in the claim(s) file.

The PC technician will contact the appropriate office to determine whether the office received and retained the Form SSA-1696 there and will request that the form be uploaded into the electronic file, the Evidence Portal, or included in the paper file. The technician may also contact the claimant or representative for a copy of the Form SSA-1696.

Once the PC receives a Form SSA-1696 that was not previously associated with the claim file, the technicians will review the case to verify that the appointment has not been terminated before associating the form with the file.

Once the form has been processed, the technician will send copies of any notice of determination that the PC sent the claimant to the representative. To flag and annotate the system, follow the instructions in GN 03910.040F.2.

NOTE: For instructions on taking corrective actions in situations where we processed the award without withholding past-due benefits for representative fees, refer to GN 03920.055.

Social Security

Program Operations Manual System (POMS)

GN 03910.040 Appointment of a Representative