Individuals who have a claim, post-entitlement or post-eligibility (PE) issue, or other matter (e.g., Medicare issue) pending before the Social Security Administration (SSA) (hereinafter claimants), can appoint an individual to represent them at any time during the administrative review process. Claimants must use Form SSA-1696 (Claimant's Appointment of a Representative) to appoint their representative. See 20 CFR 404.1707 and 416.1507.

SSA's regulations require that for an individual to be appointed as a representative, the individual must first be registered with the agency (see Program Operations Manual System (POMS) GN 03913.005 for more information about representative registration).

1. 1. 

   To document and notify SSA about an appointment, both the claimant and representative must complete and sign a Form SSA-1696. The claimant or the representative must also file this form with the agency. To be complete, the form must contain:

   • •

     The claimant's (or other authorized individual's) information (i.e., name and Social Security number (SSN)) and signature.

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     The representative's information (i.e., name and Representative Identification Number (RepID)) and signature.

   • •

     Any applicable self-reporting information and certifications of the representative (i.e., the information requested in section 5, parts A and D of the Form SSA-1696).

2. 2. 

   At any level of administrative review, the claimant or representative must file the Form SSA-1696 using one of the following options:

   • •

     e1696 portal at SSA.gov/representation (both parties must sign the form before it can be submitted through the portal);

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     Electronic Records Express (ERE) Portal;

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     iAppeals Portal;

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     Analog Fax or eFax;

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     Mail; or

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     In person, such as at the servicing field office (FO) or the servicing hearing office (HO).

   NOTE: 

   The e1696 portal cannot accept attachments of other representational documents with the e1696. However, submissions of Form SSA-1696 through another option will allow attachment of other documents, such as the fee agreement. For additional information on the appointment of a representative, refer to POMS GN 03910.040.

3. 3. 

   SSA will accept a representative's electronic or rubber-stamped signature on the Form SSA-1696 unless there is reason to doubt the representative's intent to accept the appointment. If the representative did not sign the Form SSA-1696, SSA will not accept it and will send a notice to the representative requesting they submit a completed form with their signature. HO and Appeals Council (AC) staff can find this notice in the Hearings and Appeals Case Processing System (HACPS) or the Appeals Case Processing System (ACPS).

4. 4. 

   The claimant may sign the Form SSA-1696 using any agency-approved signature method (e.g., pen and ink or electronically as part of the e1696 process). SSA will also accept a photocopy or facsimile of a wet-signed Form SSA-1696. SSA does not require the claimant's signature on an updated Form SSA-1696 when the changes do not affect the representative's appointment relationship with the claimant. For examples, changes in the representative's direct payment eligibility status or in the assignment of direct payment of the representative's authorized fee to an entity do not require the claimant's signature. For more information on a claimant's signature, including which individuals can appoint or revoke an appointment on behalf of the claimant, refer to POMS GN 03910.040.

   NOTE: 

   Both the representative and claimant (or other authorized individual) may also use a commercial software product to affix their signature(s) to the Form SSA-1696. See POMS DI 11005.017 for the requirements for, and additional information about, such commercial product applied signatures (CPAS).

5. 5. 

   HO or AC staff will follow the procedures in Hearings, Appeals and Litigation Law (HALLEX) manual HA 01110.011 to process the Form SSA-1696s received at the HO or AC.

   NOTE: 

   If SSA receives a written inquiry from an official of a foreign embassy or consulate on behalf of a claimant outside of the United States, HO or AC staff will consider that the official is authorized to act as the claimant's representative without receiving a Form SSA-1696. In this situation, staff will include the official's inquiry in the record in place of the Form SSA-1696 and process the official's appointment as explained in HALLEX HA 01110.011.

If a claimant changes or adds a representative(s) while a claim is pending with the HO or AC, the claimant or representative must submit a Form SSA-1696 to appoint any new representative. As applicable, the claimant must also submit a signed statement revoking the appointment of any prior representative(s) if the claimant no longer wants their services. See HALLEX HA 01110.030 for processing the change of representation. If a claimant adds a representative or changes their principal representative while a claim is pending with the HO or AC, see HALLEX HA 01110.011C.

A claimant may appoint more than one individual to serve as a representative but must submit a separate Form SSA-1696 for each appointed representative and must designate a principal representative. HO or AC staff must timely document the principal representative’s information in applicable case processing system(s) and the Registration, Appointment, and Services for Representatives (RASR) application. For more information about designating and updating a principal representative in a multiple representative situation, see HALLEX HA 01110.011C.

SSA does not recognize entities (e.g., law firms, partnerships, or other organizations) as representatives, even though a representative may assign direct payment of their authorized fee to an entity (see POMS GN 03920.021). Therefore, a claimant must appoint an individual or individuals within an entity as their representative(s).

If a claimant names an entity as a representative, and an individual affiliated with the entity completes the representative sections, provides their RepID, and signs the Form SSA-1696, SSA will recognize that individual as the claimant's representative. If the Form SSA-1696 is filed with the HO or AC, HO or AC staff will follow the procedures in HALLEX HA 01110.011B to process the appointment. However, if a Form SSA-1696 names an entity, but does not identify an individual affiliated with the entity, the appointment is incomplete and invalid. HO or AC staff will not process the appointment, destroy the form and send a notice to the claimant as explained in HALLEX HA 01110.011A.