Effective Dates: 9/30/2024 - Present

Identification Number:
GN 03913 TN 10
Intended Audience:See Transmittal Sheet
Originating Office:ORDP ODP
Title:Individual Registration for Appointed Representative Services and Direct Payment of Fees
Type:POMS Full Transmittals
Program:All Programs
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM

Part GN – General

Chapter 039 – Representation and Representative's Fee

Subchapter 13 – Individual Registration for Appointed Representative Services and Direct Payment of Fees

Transmittal No. 10, 09/30/2024

Audience

PSC: BA, CA, CS, DE, DEC, DS, ICDS, IES, ILPDS, IPDS, ISRA, PETE, RECONR, SCPS, TSA, TST;
OCO-OEIO: BIES, CAQCR, CR, PETL, RECONR, RECOVR;
OCO-ODO: BTE, CR, CST, CTE, CTE TE, DS, PETE, PETL, RECOVR, RECOVTA;
ODD-DDS: DHU;
FO/TSC: CS, CS TII, CS TXVI, CSR, CTE, FR, OA, OS, RR, TA, TSC-CSR;

Originating Component

ODP

Effective Date

Upon Receipt

Background

On July 16, 2021, the United States Court of Appeals for the First Circuit issued a decision in Marasco & Nesselbush, LLP v. Tara Collins and Social Security Administration, instructing us to implement “a reasonably reliable means for law firms to obtain directly from claimants’ past-due benefits the fee payments."

The First Circuit further directed us to develop a process to pay a firm directly, consistent with the statutory limit and other applicable rules, when fees are authorized to the firm’s employee for services the employee performed before us. This transmittal updates POMS for consistency with the phase 1 implementation of that final rule to occur on September 30, 2024. The regulation establishes a process for representatives to assign direct payment of fees to entities. The changes to this section are part of several changes to our subregulatory guidance to help implement this regulation.

Eligible appointed representatives will be able to assign the direct payment of authorized fees to an eligible entity that they are affiliated with through assignment. Entities will be assigned direct payment of fees by representatives when the representative selects the assignment box on the update form SSA-1696. In addition, the Form SSA-1696 will be mandatory and require signatures from all parties.

We updated the guidelines and instructions in this section in preparation for the implementation of changes in accordance with the Marasco regulation, which allows appointed representatives to assign direct payment of their fees to entities that employ them.

Summary of Changes

GN 03913.005 Representative and Point of Contact Registration

Subsection A. Registration of Representatives

  • •

    We added information to this subsection to update registration and appointment guidance.

Subsection B. Obtaining electronic access to claim information and the electronic claim file (eFolder)

  • •

    We changed information in this subsection to provide clear and concise processing guidance for obtaining electronic access to claim information and the electronic claim file (eFolder).

GN 03913.005 Representative and Point of Contact Registration

CITATIONS:

20 CFR 404.1703, 404.1705, 404.1707, 404.1730, 416.1503, 416.1505, 416.1507, and 416.1530.

A. Registration of Representatives

All individuals who want to serve as an appointed representative or as a point of contact (POC) for an entity must first register with us.

1. The Form SSA-1699

We use Form SSA-1699, Representative Registration, to collect personal, business, and financial information, if applicable, from individuals to:

  • •

    Establish the identity of the individual;

  • •

    Establish business affiliations (if any);

  • •

    Issue a Representative ID (RepID);

  • •

    Issue a User ID, which is required to access our online services; and

  • •

    Allow for direct payment of fees, if eligible.

Individuals must register using Form SSA-1699 before an entity can designate that individual as a POC.  Individuals must also register before requesting access to the electronic claim file (eFolder). For guidance on registering for eFolder access, visit the Appointed Representative Services (ARS) website at https://www.ssa.gov/ar/.

We store this information in the Registration, Appointment, and Services for Representatives (RASR) application and refer to the information in RASR whenever claimants appoint representatives to a claim, matter, or issue, whenever representatives request direct payment of a fee, whenever an entity designates a POC, and whenever we need to work with a POC to address a fee-related matter.

For more information on ARS, visit https://www.ssa.gov/ar/. For more information on Electronic Records Express (ERE), visit https://www.ssa.gov/ere/.

2. How to register

Registration is a one-time process; however, individuals must submit updates, as needed, to ensure their information is current. Individuals register by completing a Form SSA-1699, and we strongly prefer individuals fax the completed form to the Office of Central Operations, Division of Earnings and Business Services (OCO/DEBS) at 1-877-268-3827.

NOTE: Individuals with no fax access can mail their registration forms to us at: Social Security Administration, Office of Central Operations, Division of Earnings and Business Services 6100 Wabash Avenue, Baltimore, MD 21215.

Individuals who have questions or encounter problems during registration may contact the OCO/DEBS at 1-800-772-6270 (TTY: 1-800-325-0778). For information on changing or updating registration information, see GN 03913.010.

3.  Processing the Registration Form

Once we receive and process the Form SSA-1699, we will mail the representative a Registration Confirmation notice, which will include the User ID and Rep ID.  For specific information on the contents of this notice, see GN 03905.020.

The User ID is necessary for appointed representatives to access electronic services in the ARS application. The Rep ID is required to appoint a representative and must be included on the Form SSA-1696 for us to recognize the appointment. The Rep ID is also required for an entity to designate an individual as its POC using the Form SSA-1694. For information on appointing a representative, see GN 03910.040. For information on registering an entity, see GN 03913.050.

IMPORTANT: An individual must complete the registration process and receive the confirmation notice before we will recognize them as an appointed representative or an entity’s POC. We will not process appointments or entity POC designations before the registration is completed.

B.  Obtaining electronic access to claim information and the electronic claim file (eFolder)

After completing the registration process explained in GN 03913.005A, appointed representatives may enroll in eFolder access for claims pending at the initial, reconsideration, hearing, or Appeals Council levels of review. Additional requirements for eFolder enrollment include:

  • •

    Appointed representative on at least one case pending at the hearing or Appeals Council level; and

  • •

    Completion of the in-person enrollment process discussed in GN 03913.005B.1., below.

NOTE: Only appointed representatives may be granted eFolder access to their case(s).  Neither entities nor POCs are permitted to obtain access to a claim’s eFolder. A POC is only permitted to obtain eFolder access if they are serving in the capacity of a representative, but a POC is not permitted to obtain eFolder access on behalf of the entity.  Entities are not eligible to enroll for eFolder access.

1. The enrollment process to obtain electronic access

  1. a. 

    The AR must first set up an ARS account. The Registration Confirmation notice provides instructions on how to access ARS and how to create a password for the application.

  2. b. 

    The AR must then complete a one-time in person enrollment process. This process is necessary to ensure that only verified representatives have access to claim-specific information. To initiate the in-person enrollment process, a registered representative must:

  • •

    Contact the local hearing office upon receipt of a User ID and Rep ID to arrange a date, time, and location to complete in-person enrollment.

  • •

    The AR must then complete a one-time in person enrollment process. This process is necessary to ensure that only verified representatives have access to claim-specific information.

For more information on the enrollment process, see the ARS website at https://www.ssa.gov/ar/.

NOTE: A representative’s User ID is unique to them. Representatives who have lost their User ID or password, or who are locked out of their account, should contact OCO/DEBS for assistance at 1-800-772-2970 (TTY: 1-800-325-0778).

2. Accessing claim-specific information in ARS

Once the enrollment process is successfully completed, representatives will be able to access certain claim-specific information in ARS, including, when applicable, the ability to access the eFolder for claims to which they have been appointed.

Appointed representatives may access the eFolder in a specific claim at the initial, reconsideration, hearing, and Appeals Council levels of review if:

  • •

    The claimant or representative has submitted a Form SSA-1696 (Appointment of Representative) notifying us of their appointment in the claim, and we have successfully processed the appointment;

  • •

    The representative has been designated as the principal representative in the claim; and

  • •

    The claim file is fully electronic.

3. eFolder access limitation

Representatives will not be able to access the eFolder for claims that do not meet the criteria outlined in this section, above. In addition, eFolder access is generally not granted to non-principal representatives in a claim. A representative who attempts to obtain access to records to which the representative has not been appointed or has not been designated as the principal representative may be locked out of their account if they attempt to access 10 such records within a 24-hour period.

Important: A representative whose account has been blocked must contact the Electronic Records Express (ERE) Helpdesk to unblock the account by e-mail at electronic-records-express@ssa.gov or by phone at 1-866-691-3061.


GN 03913 TN 10 - Individual Registration for Appointed Representative Services and Direct Payment of Fees - 9/30/2024