A representative is an individual who meets the qualifications shown in GN 03910.020A.1. or 2, and whom the claimant appoints for representation in the claimant's dealings with us. The claimant must use Form SSA-1696 (Claimant's Appointment of a Representative) or the e1696 to appoint a representative before us and must complete the appointment process as explained in GN 03910.040. For the definition of who is a representative, see GN 03910.001.

Prior to recognizing a claimant's appointment of a representative, we require the representative to:

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  Meet the qualifications, as explained in GN 03910.020A; and

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  Register with us as explained in GN 03913.005;

Individuals who are providing general assistance or who are serving as representative payees do not need to be appointed as representatives, but they do not have the authority of an appointed representative.

We do not require individuals such as relatives, friends, or neighbors to be appointed as a representative if they are only providing general assistance to the claimant. For information on types of general assistance not considered "representational services," see GN 03910.020D.

A representative payee is a person, agency, organization, or institution selected by us to receive and manage benefits on behalf of a beneficiary or recipient who we have determined is incapable of managing or directing the management of benefit payments in their best interest. A legal guardian is a person with the legal authority to make decisions on behalf of another person. Representative payees and legal guardians do not have the authorities outlined below in DI 31001.001A.2. While a representative payee or legal guardian can provide general assistance to a claimant, if they want to act with the authority of an appointed representative they must be appointed by the claimant or another person who has the right to appoint a representative on behalf of the claimant. A representative payee or legal guardian cannot appoint themselves a as representative. For information about who can appoint a representative, see GN 03910.040.

For more information on qualifications for and recognition of representatives, see GN 03910.020. See 20 CFR 404.1703 and 416.1503 for a definition of "representational services."

An appointed representative is not authorized to make changes to the claimant's personal or contact information (e.g., change of name or address) without the claimant’s independent verification of the change. For more information about the authority of a representative, see GN 03910.025.

If the appointed representative informs DDS that there is a change to the personal or contact information of the claimant, DDS staff will:

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  With the appointed representative's consent, contact the claimant to verify the information change.

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  If confirmed, the DDS will enter the updated information into DCPS to continue case development activities, and

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  Send an AR to the FO requesting an update of the contact information by MCS or MSSICS with release of a UAT when completed.

However, if the claimant does not verify the updates to their personal or contact information or the representative does not provide consent, DDS will:

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  NOT make any updates through DCPS, and

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  Send an AR to the FO to contact the claimant regarding incorrect information or possible fraudulent activity by the appointed representative.

To make changes to the representative's contact information, a representative must submit a Form SSA-1699 to the address or fax number listed on the form. For more information about registration, see GN 03913.005.

IMPORTANT: Do not enter a representative’s information into DCPS. It will be updated when the FO processes the SSA-1696 and clears the AR in EDCS. Also, verify that the representative flag is present or if it needs to be added based on the case facts. 

If the claimant or the representative tells the DDS verbally (e.g., telephone or voice message) that they are revoking the appointment or withdrawing from representation, DDS will take the following steps:

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  Instruct the claimant or representative to provide a signed and dated written notice to the servicing FO confirming the revocation or withdrawal, and

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  Document the claims folder with a ROC detailing the verbal contact with the claimant or representative.

 

If the claimant or representative submits written notice of revocation or withdrawal of the representative’s appointment to the DDS, take the following steps:

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  Scan the document into section B of the electronic folder or add it to the equivalent section of the paper folder; and

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  Send an AR to the FO requesting that the FO process the termination. The FO will remove the flag if the representative was the only appointed representative.

NOTE: If the DDS receives any other documents relating to the representation (e.g., Form SSA-1696 or fee documents) in the mail or by fax, scan the document into the electronic folder and send an AR to the FO. DDS must document their actions using a ROC and destroy the unprocessed documents. For information about destruction of documents, see DI 81020.055.