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.

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    For information on legal evidence of incompetency, see GN 00502.023.

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    For information on guardianship, see GN 00502.139.

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    For information on when a legal guardian can provide consent on behalf of an individual see, GN 03305.005.

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    For a digest of state guardianship laws, see GN 00502.300.

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.

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.

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 cases. 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 form was appropriately signed by somebody other than the claimant (e.g., an affected auxiliary beneficiary), 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 her 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.

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.

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 (fax numbers are available at https://www.ssa.gov/locator/, 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.

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.

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.

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.

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 the Hearings, Appeals and Litigation Law (HALLEX) manual HA 01110.011C 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.

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.1 or GN 03910.020A.2.

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 If the claimant does not revoke earlier appointments and prior representatives have not withdrawn, the claimant must specify the principal representative.

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.

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.

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.

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. This attorney has filed a valid fee agreement.

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 share a common issue and have an overlapping alleged period of disability. Assuming neither representative withdraws or is revoked, and no other terminating events have occurred for either representative, the claimant now has two representatives in this consolidated case.

As such, the claimant will need to choose a principal representative. To have fees authorized for services performed before us, the representatives will need to either sign and timely submit a joint fee agreement or file separate fee petitions. However, if either representative waives their fee, the other's original fee agreement will remain valid. For the policy on multiple representatives, see GN 03910.040C.

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.

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.

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.

Flag and annotate the case file and RASR as follows:

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.

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.