Social Security

Retention Date: July 16, 2025

A. Background/Purpose

On May 21, 2020, we announced temporary procedures via Emergency Message (EM) 20022 to allow applicants, claimants, and beneficiaries alternate methods to sign a written notice of appointment and a fee agreement. On March 11, 2021, those procedures were expanded to include instructions for additional forms and on November 12, 2021, we clarified some of that language in the EM.

This EM replaces instructions in EM-20022 REV 3, which will be archived upon publication of this EM, and updates and revises those temporary measures for the specific forms or writings listed below in section B. With this new process, individuals may continue to use a commercial software product (“commercial product”, e.g., DocuSign) to affix a signature (hereinafter referred to as an alternative signature) to certain forms or writings. We will accept any of the listed forms or writings if the alternative signature meets the requirements noted in this EM.

NOTE: If the commercial product signature does not meet the criteria outlined in section C.1., follow existing procedures to obtain a policy-compliant signature.

These procedures do not apply to the SSA-827, Authorization to Disclose Information to the Social Security Administration. As explained in section C.5, if an SSA-827 is received with a commercial product alternative signature described in this EM, attestation will be required following the policy and procedures in DI 11005.056D.2 - Signature Requirements for Form SSA-827, EM-25008 Expanded Attestation of Form SSA-827, and HALLEX I-2-5-14.A.2, as appropriate.

This guidance supplements and does not preclude other signature and submission methods permitted under existing agency policy. Updates to our Program Operations Manual System (POMS) and the Hearings, Appeals and Litigation Law Manual (HALLEX) to replace this EM will follow.

B. Applicable Forms and Writings for the Commercial Product Alternative Signature Process

The Commercial Product Alternative Signature (CPAS) Process may only be used with the following agency forms or writings:

· SSA-1696 (Claimant’s Appointment of a Representative)
· SSA-1693 (Fee Agreement for Representation Before the Social Security Administration) and other written fee agreements
· SSA-16 (Application for Disability Insurance Benefits (DIB)). This includes the online version of the SSA-16 application sent to the claimant with the SSA-L2 cover letter after a third party completes and submits the DIB/SSI internet claim.
· SSA-8000 (Application for Supplemental Security Income (SSI))
· SSA-8001 (Application for Supplemental Security Income (SSI) (Deferred or Abbreviated))
· SSA-820 (Work Activity Report – Self Employed Person)
· SSA-821 (Work Activity Report – Employee)

C. Policy Requirements for CPAS

1. CPAS criteria.

Prior to acceptance of an alternative signature applied using a commercial product, staff must ensure the applicant, claimant, or beneficiary has signed the forms identified in section B using a commercial product that:

· affixes a signer’s name on the signature block of the form,
· affixes the date the document was signed, and,
· affixes the time the document was signed.

NOTE: The agency will continue to accept alternate types of a representative’s signature on Form SSA-1696 and fee agreements. See GN 03910.040A.4.c, GN 03940.003, HALLEX I-1-1-10 A.2, and HALLEX I-1-2-12.

2. Method(s) of submission.

Individuals may submit any form or writing listed in section B with a CPAS using any method currently accepted for the same forms or writings when signed with a wet (pen and ink) signature.

3. Processing forms or writings with a CPAS.

After determining whether the requirements in sections C and D have been met, Field Office (FO) technicians will follow instructions in Section E to document the CPAS, while designated staff in the Office of Hearings Operations (OHO) and Office of Appellate Operations (OAO) should follow the instructions in Section F, as applicable. Staff at all levels will then process the form following established agency procedures for the specific form or writing.

4. Recordkeeping requirements for submitter.

For the purposes of this EM, the term “submitter” means individuals who submit any of these forms signed by the applicant, claimant, or beneficiary using a commercial product. The submitter should ensure that the commercial product will automatically add a signature block to the document. The signature block must show the name of the person who signed the document and the date and time they signed the document. Additionally, the submitter is responsible for ensuring that the commercial product used is capable of generating an audit trail and maintaining a digital certificate (“certificate”) that confirms the following:

· The document was signed using a commercial product,
· The signature details, i.e., name of the person(s) who signed the document, date the document was signed, and time the document was signed,
· Email address(es) and IP address(es) associated with each signature,
· Whether the document was changed after signature, and
· An identifier that connects the audit trail to the signed document to which it applies.

The submitter must maintain the original electronic certificate for at least three years from the date they submit the form or writing to the agency and must show the unredacted certificate in its entirety if requested. In the event of our rejection of, or a challenge to, the signature, the submitter may be asked for additional information (including information about the process used to obtain the signature).

IMPORTANT: Agency staff is not responsible for confirming that the commercial product used to sign the document can generate a digital certificate that meets these requirements.

5. SSA-827

Please note that an SSA-827 submitted with a signature applied using a commercial product that affixes the signature, date and time will require attestation before the form can be accepted. If an SSA-827 is submitted with this type of signature, follow applicable policy and procedure to obtain attestation. See DI 11005.056D.2., EM- Expanded Attestation of Form SSA-827, and HALLEX - I-2-5-14.A.2, as appropriate.

D. Instructions for reviewing and accepting commercial product alternative signatures

If staff receives a form listed in section B with one or more CPASs that meet the following criteria, they should accept and process it as properly signed.

Technicians must review the form and signature(s) provided and establish three things:

1. The form is approved for this commercial product alternative signature process. Verify the form is one listed in section B.
2. The signer(s) is an appropriate signer. Verify the signature block on the document includes the signature of the appropriate individual as indicated in current instructions listed in the following table:

required signatures
Form	Who must sign	Current instructions
SSA-1696	Claimant and Representative	GN 03910.040 HALLEX I-1-1-10
SSA-1693 and other written fee agreements	Claimant and all representative(s)	GN 03940.003 HALLEX I-1-2-12
SSA-16 (This includes the online version of the SSA-16 application sent to the claimant with the SSA-L2 cover letter after a third party completes and submits the DIB/SSI internet claim), SSA-8000, or SSA-8001	Claimant or proper Applicant	GN 00204.003
SSA-820	Claimant, Beneficiary, or Representative Payee	DI 10510.025
SSA-821	Claimant, Beneficiary, or Representative Payee	DI 10505.035

3. The signature block entry affixed by a commercial product includes all of the following:
· signer’s name,
· date the document was signed, and
· time the document was signed.

Reminder: If the technician receives an SSA-827 with a CPAS that meets the criteria discussed above, attestation is required before we can accept the form. Please see section C.5.

E. FO Documentation

After confirming that the criteria in Section D have been met, take the following steps:

1. Forms SSA-1696, SSA-1693, SSA-820, and SSA-821:

a. For initial claims, add the CPAS issue on the MCS DW01 screen and/or the Development Worksheet in CCE SSI; For post entitlement, establish an SSA-5002 and store on the electronic folder associated with the claim. For paper folders, please store in Evidence Portal; and
b. Input the current date as the receipt date.

2. Forms SSA-16, SSA-8000, and SSA-8001

a. Upload the information into the proper system e.g. MCS, SSI CCE.
b. On the CCMD screen properly annotate how the application was received.
c. MCS automatically generate an “ATTEST” issue, enter XXXX to close the issue under the receipt date as attestation does not apply in this scenario.
d. Add the CPAS issue on the MCS DW01 screen and/or the Development Worksheet in CCE SSI;
e. Input the current date as the receipt date; and
f. Once the above actions are completed, upload a copy of the application to Evidence Portal or eView, and follow GN 00201.015H.2 to return the paper application with a witness signature cover notice.

NOTE: The cases should be processed normally and should not be delayed due to the submission of one of the specified forms with a CPAS.

F. Office of Hearings Operations (OHO) and Office of Appellate Operations (OAO)

If a document listed in section B is received at the hearing or appeals levels, OHO and OAO personnel, respectively will follow the instructions in sections C and D to ensure that the CPAS is properly reviewed and accepted, if appropriate. Subsequently, follow the procedures in HALLEX I-1-1-10, HALLEX I-1-1-11, and the Standard Hearings Operations Procedure at the hearing level, or the OAO Practices and Applications, at the appeal level.

G. Telephone Survey Process

Concurrent with implementation of this alternative signature process, the agency will institute a telephone survey process for the forms identified in section B. As part of that survey process, some applicants, claimants, and beneficiaries will be contacted to answer a series of customer experience questions and may be asked to confirm the signatures affixed on these forms. The survey process will be contemporaneous with development of the cases and will not delay processing of the forms.

H. Closing

Direct all program-related and technical questions to your Regional Office (RO) support staff or Program Service Center (PSC) Operations Analysis (OA) staff. RO support staff or PSC OA staff may refer questions, concerns, or problems to their Central Office contact.

Office of Hearings Operations personnel should direct questions to their local management team. Hearing Office managers may seek guidance from their Regional Office (RO) support staff. RO support staff may refer questions or unresolved issues to their Headquarters’ contacts in the Division of Field Procedures in the Office of the Chief Administrative Law Judge.

Office of Appellate Operations personnel should direct questions to their managers. Managers may seek guidance by contacting the Executive Director’s Office.

References:
DI 10505.035 Documenting Employment Cases Using Forms SSA-821-BK (Work Activity Report - Employee) and SSA-823 (Report of SGA Determination - For SSA Use Only)
DI 10510.025 Documenting Self-Employment Cases Using the SSA-820-BK (Work Activity Report-Self-Employment) and the SSA-823 (Report of SGA Determination- For SSA Use Only)
GN 00204.003 Proper Applicant
GN 03910.040 Appointment of a Representative
GN 03940.003 Fee Agreement Evaluation
GN 03905.055 Invalid Appointment Forms
HALLEX I-1-1-10 Appointing a Representative
HALLEX I-1-1-11 Processing the Appointment of a Representative
HALLEX I-1-2-12 Fee Agreements -- Evaluation Policy