Retention Date: October 31, 2025
Revision Statement: This EM replaces the prior version published on January 17, 2025 (effective date January 18, 2025).
Summary of Changes:
Some reorganization of content within sections and editorial changes for clarity.
Section A: Added clarifying language about the recission of EM 20022 REV 3 and the end to the temporary practice of allowing claimants to verbally attest to their intent to appoint a representative at a hearing.
Section B1 and B2:
· Added clarifying language about the controlling date for applying the policy in the EM and
· added information about what actions the Office of Hearings Operations will take to verify signatures on SSA-1696s submitted to the agency prior to January 18, 2025.
Section B1:
· Added language to clarify that we refer to “other written fee agreements” as “forms” throughout.
· Added information about the SSA e1696 and e1693.
Section B2:
· Added Section B2 to provide information about the controlling date for applying this EM.
Section C1: Added clarifying language about location of the signature, date, and time, including information about an appended signature certificate page.
Section C2: Added a reminder that we cannot accept faxed benefit applications as valid applications.
Section C4:
· Removed some redundant language.
· Added a note to address the need to request the original digital certificate prior to referring an individual for a violation related to CPAS requirements.
Section C5: New section to clarify how to handle bundled forms.
Section D2: Added language to clarify the types of signatures that may be used on the listed forms.
Section D3: Added language to address an appended signature certificate page.
Section E1: Inserted this section to address the SSA-1696 and the checkbox in RASR to document CPAS for this form.
Section E2: Content from prior E1 moved here and “SSA-1696” was removed from the heading.
Section E3: Content from prior E2. Added a note to explain that the coding steps in RASR and on the DW01 are to assist with the survey described in section G.
Section F:
Section H: Updated where FO technicians should direct their questions.
On May 21, 2020, we published Emergency Message (EM) 20022 announcing temporary procedures to allow applicants, claimants, and beneficiaries alternate methods to sign certain forms when those forms were bundled with a written notice of appointment. On March 11, 2021, we expanded those procedures to include instructions for additional forms and on November 12, 2021, we clarified some of that language in a revised version of the EM.
This EM replaced instructions in EM-20022 REV 3, which was archived on this EM’s effective date, January 18, 2025. This EM updated and revised those temporary instructions 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 their signatures (hereafter referred to as alternative signatures) to the forms or writings listed in this EM. We will process any of the listed forms or writings if the alternative signature applied with a commercial product meets all the criteria described in this EM.
NOTE: If the commercial product alternative signature (CPAS) does not meet the criteria outlined in section C.1, staff must follow existing procedures to obtain a policy-compliant signature. The instruction in this EM does not preclude other signature and submission methods permitted under existing agency policy.
With the publication of this EM and the recission of EM 20022 REV 3 on January 18, 2025, the Office of Hearing Operations (OHO) ceased the temporary COVID era practice of allowing claimants to verbally attest to their intent to appoint a representative at a hearing. Representatives must have a valid SSA-1696 on file to represent a claimant at a hearing. Claimants and representatives may use the CPAS process outlined below to apply an alternative signature to an SSA-1696 if they need to execute an SSA-1696 shortly before a scheduled hearing.
IMPORTANT: 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 an alternative signature described in this EM, attestation is 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 Hearings, Appeals and Litigation Law (HALLEX) Manual HALLEX HA 01250.014.A.2, as appropriate.
Updates to our Program Operations Manual System (POMS) and HALLEX to reflect this revised EM will follow.
B. How to Apply EM-25010: Listed Forms and Writings and Controlling Date
1. Which Forms and Writings
The Commercial Product Alternative Signature (CPAS) Process may only be used with the following agency forms or writings (collectively referred to as “forms” in this EM):
· 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)
Forms that are submitted through SSA’s e1696 and e1693 AdobeSign portals (SSA-1696 APP & SSA-1693 APP) are not processed under this EM because they are online forms generated using an agency portal. Staff will process these forms as usual.
2. Controlling Date for Applying EM-25010
a. Form(s) submitted on or after January 18, 2025
Staff must process forms listed in B.1 that are received on or after January 18, 2025 according to the instructions in section C.
b. Form(s) submitted before January 18, 2025, and signed using CPAS
If a form’s signature was previously verified under EM 20022 REV 3, additional processing under this EM is not required.
If a form submitted before the EM’s effective date meets CPAS criteria, staff will follow the instructions above in B.2.a to process the form.
NOTE: In the rare instance a form was submitted but not processed before January 18, 2025 and it has a signature that does not meet CPAS criteria, Field Office (FO) staff must contact their Area Director for assistance on how to process the form using the policy in the archived EM-20022.
OHO staff should contact the claimant to verify their alternative signature on an SSA-1696 if the form:
1) was submitted prior to January 18, 2025,
2) the alternative signature does not meet the CPAS requirements under current policy, and
3) the signature was not previously verified under EM 20022 REV 3. Staff should document the verification with a Report of Contact (ROC) (Form SSA-5002). Administrative Law Judges (ALJs) may also ask the claimant to verify their alternative signature on an SSA-1696 submitted to the agency prior to January 18, 2025, on the record at a hearing.
We must have an SSA-1696 on file for a representative to appear at a hearing, and OHO staff and ALJs will only verify alternative signatures on SSA-1696s that were submitted to the agency prior to January 18, 2025. See the Background section and section F of this EM for further information about the requirement to have a valid SSA-1696 on file for a representative to appear at a hearing. OHO staff should refer to the SSA-1696 Desk Guide included in Standard Hearing Operation Procedure (SHOP) section 1.3.5.6 for further details.
Office of Appellate Operations (OAO) personnel will follow instructions in the OAO Practices and Applications.
C. Policy Requirements for CPAS
1. CPAS criteria
Prior to acceptance of an alternative signature that was applied using a commercial product on a form identified in section B, staff must ensure an appropriate individual (“appropriate signer”, see section D chart) has signed the forms using a commercial product that:
· Affixes a signer’s name in the signature area of the form,
· Affixes the date the document was signed in the signature area of the form or on an appended signature certificate page, and,
· Affixes the time the document was signed in the signature area of the form or on an appended signature certificate page.
If these criteria are met, staff will accept the CPAS and process the form following the form’s established procedure
If the criteria are not met, staff will not process the form and will follow established policy to dispose of the form and notify the submitter that we cannot accept the form and why.
Staff must keep in mind the following when determining whether the signature is a CPAS:
a. Signature
The signature must be in the signature area of the form. It cannot only be on an appended signature certificate page.
NOTE: The signature area includes the signature box and the space directly surrounding the signature box or the date box.
b. Date and time stamp
Both the date and time of the signature must be included at the time of the submission. This can be either in the signature area or on an appended signature certificate page submitted with the form.
c. Appended signature certificate page
If the time or date are missing from the signature area of the applicable form, an appended signature certificate page can be used to meet those CPAS requirements. The appended signature certificate page must be:
· Included with each form at the time of submission.
o We will NOT accept the page if submitted separately or later.
o If the appended page is needed to meet CPAS requirements and it is not included with the form, we will reject the form.
· Appended by the submitter to each form individually when there are multiple forms.
2. Method(s) of submission
Individuals may submit the forms listed in section B with a CPAS using any method currently accepted by the agency for the same forms. As a reminder, per GN 00204.001, we cannot accept faxed submissions of forms SSA-16, SSA-8000, SSA-8001 as valid applications. However, a faxed benefit application form will establish a protective filing date, see, GN 00204.010F.1.
3. Processing forms with a CPAS
After determining the requirements in sections C and D are met, FO staff will follow instructions in Section E to document the CPAS, while designated OHO staff and OAO staff will 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. If an appended signature page is used to meet the CPAS requirements, staff should ensure that the appended page remains with the form in the electronic folder.
4. Recordkeeping requirements for submitters
By “submitter”, we mean the individual who files any or all the signed forms listed in this EM.
The submitter must ensure that the commercial product used can generate an audit trail and maintain a digital 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 retain the original electronic certificate for a minimum of three years from the date they submit the form to us and, if requested, they must show the unredacted certificate in its entirety. 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 are not responsible for confirming that the commercial product that is used to sign the document can generate a digital certificate that meets these requirements.
NOTE: Before referring an individual for a suspected violation (including fraud) related to CPAS, staff must request the original digital certificate page from the submitter as part of the case referral development.
5. Bundled forms
When multiple forms listed in this EM are received together, every CPAS on any of the forms must meet the requirements in section C.1 above. If an appended page is needed to show the date and time stamps, each form must include its own appended page.
IMPORTANT: We will NOT accept multiple forms bundled together with only one appended signature page for the entire bundle.
6. SSA-827
Forms 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-25008 Expanded Attestation of Form SSA-827, and HALLEX HA 01250.014.A.2, as appropriate.
D. How to determine if the commercial product alternative signatures meet the required criteria
When staff receive a form with an individual’s CPAS signature that meets the following criteria, they should accept the signature and process the form. Staff will review the form and the individual’s signature and verify the following:
1. The form is approved for the CPAS process and is listed in section B.
2. The signer(s) is an appropriate signer. The signature area on the document includes the signature of the appropriate individual(s) as indicated in current instructions listed in the following table:
NOTE: All appropriate signers may sign the listed forms using CPAS or any method currently accepted under existing agency policy. For example, if a claimant uses CPAS to sign a form, their representative(s) is not required to use CPAS to sign the same form. Representatives may sign the listed forms using CPAS or other methods such as pen and ink or a rubber stamp, as per existing policy for paper submissions.
required signatures |
| Form | Who must sign | Current instructions |
| SSA-1696 | Claimant and
Representative | GN 03910.040
HALLEX HA 01110.010 |
| SSA-1693 and other written fee agreements | Claimant and representative(s) | GN 03940.003
HALLEX HA 01120.012 |
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 affixed by a commercial product is included in the signature area of the form and the date and time stamps are either in the signature area of the document or on an appended signature certificate page submitted with each individual form.
After confirming that the criteria in Section D are met, staff will take the following steps:
Staff will process new notices of appointment in RASR per existing policy. If the form meets CPAS criteria, staff must select the checkbox that reads, “Select this box if the claimant signed with a Commercial Product Alternative Signature (CPAS)” on the signature screen. See screenshot below.
NOTE: The CPAS box does not appear if the entry is an update to a previously processed appointment. Failure to code the CPAS in the first entry cannot be corrected in RASR. If CPAS was not coded in the first RASR entry, Operations staff should instead annotate the DW01 screen per E.2., but they do not need to code both.
2. Forms SSA-1693, SSA-820, and SSA-821
· 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 in the electronic folder associated with the claim. For paper folders, store in Evidence Portal; and
· Input the current date as the receipt date.
3. Forms SSA-16, SSA-8000, and SSA-8001
· Upload the information into the proper system e.g. MCS, SSI CCE
· On the CCMD screen properly annotate how the application was received
· MCS will automatically generate an “ATTEST” issue, enter XXXXX to close the issue under the receipt date as attestation does not apply in this scenario
· Add the CPAS issue on the MCS DW01 screen and/or the Development Worksheet in CCE SSI
· Input the current date as the receipt date
· 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: These required coding steps in RASR and DW01 are necessary to conduct the survey described in section G.
IMPORTANT: 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 B, C and D to ensure that the CPAS is properly reviewed and accepted, if appropriate. Subsequently, follow the procedures in HALLEX HA 01110.010, HA 01110.011, and the Standard Hearings Operations Procedure at the hearing level, or the OAO Practices and Applications, at the appeal level. OHO and OAO staff must also code RASR per E.1 when entering a new appointment.
As noted in the Background section of this EM, if a representative does not have a valid SSA-1696 on file, the representative cannot appear at the hearing. The claimant’s signature must meet the agency’s signature requirements for the SSA-1696 to be considered valid. If a representative submits a deficient SSA-1696, OHO staff will send the representative a notice alerting them to the deficiency and will also contact the representative by telephone prior to the scheduled hearing to inform them about the deficiency to give them an opportunity to submit a valid SSA-1696.
G. Telephone Survey Process
We will establish 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.
FO technicians should direct all program-related and technical questions to their Area Director’s Office or use vHelp for assistance. The Area Directors can refer questions or other issues to their Central Office contact.
OHO staff 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.
OAO 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 00204.001 Valid Application
GN 00204.003 Proper Applicant
GN 00204.010 Protective Filing
GN 03910.040 Appointment of a Representative
GN 03940.003 Fee Agreement Evaluation
HALLEX HA 01110.010 Appointing a Representative
HALLEX HA 01110.011 Processing the Claimant’s Appointment of a Representative
HALLEX HA 01120.012 Fee Agreements -- Evaluation Policy
HALLEX HA 1250.014 Obtaining Medical Evidence From a Medical Source
SHOP 1.3.5.6 Review Case for Representative Related Details