The Social Security Disability Applicants’ Access to Professional Representation Act of 2010, Public Law No. 111-142, permanently extends the fee withholding process to qualified non-attorney representatives who meet certain prerequisites. Refer to GN 03920.017 for the policy on payment of authorized representative’s fees.

NOTE: A non-attorney representative who is not eligible to receive direct payment must look to the claimant for payment of any fees authorized by SSA.

Section 206(e) of the Social Security Act (Act) and 20 CFR §404.1717 and §416.1517 list the prerequisites that a non-attorney representative must satisfy in order to receive direct payment of fees.

To continue participation in this program, EDPNAs must meet ongoing continuing education requirements and must maintain proper insurance coverage. Failing to submit proof of either requirement will result in ineligibility to receive direct payment for at least six months.

We may find non-attorney representatives ineligible to participate in the direct fee payment program if they fail to meet any of the applicable criteria GN 03920.018B and GN 03920.018C, in this section. They can protest our finding of ineligibility if we based the finding on failure to:

1. 1. 

   Attest to or provide sufficient documentation of the required education or equivalent qualifications.

   We will find applicants ineligible to take the written examination if they do not include on the application educational or professional experience that meets our education requirement criteria. If they pass the examination, but fail to provide sufficient documentation of their educational and work experience as required, we will find them ineligible to participate in the direct fee payment program. Applicants may protest either of these findings.

   If a non-attorney representative does not protest our ineligibility finding, or we uphold a protested ineligibility finding, the non-attorney representative may reapply for the examination in the following year.

2. 2. 

   Meet at all times the criminal background investigation criteria

   Non-attorney representatives who do not pass our background checks are ineligible for direct payment. If we cannot complete a background check prior to the examination date, we allow the applicant to sit for the examination; however, subsequent failure to pass a background check will lead to ineligibility, regardless of the examination results. Representatives may protest this finding. Ineligibility begins with the month after the month the protest period ends, or with the month after the month, we uphold our finding after a protest. A non-attorney representative who does not pass the background check or unsuccessfully protests our finding may not reapply to the EDPNA program.

3. 3. 

   Provide documentation of both continuous liability insurance coverage and completed continuous education courses

   We will find an EDPNA who does not meet the criteria for continuous insurance coverage or continuing education ineligible to receive direct fee payment for six full calendar months. EDPNAs may protest these findings. The ineligibility period begins with the month after the month the protest period ends, or with the month after the month, we uphold our finding after a protest. If the EDPNA does not protest our finding, we will uphold the 6-month ineligibility period.

   In either case, the EDPNA may provide us with documentation that shows the required insurance coverage or satisfies the requirements for continuing education at any time. The EDPNA will again be eligible to receive direct fee payment beginning in the first month after the month we received sufficient documentation, but not earlier than the month following the end of the 6-month ineligibility period.

If the non-attorney representative files a protest for any other reason, we will not recognize the protest and will implement our ineligibility finding as if the representative had not filed a protest.

A non-attorney representative who wants to protest our finding must file a protest in writing and provide all relevant supporting documentation to us within ten calendar days after the date we notify the representative of our ineligibility finding.

Our decision in response to a protest is final and is not subject to further review.

We always check eligibility for direct payment at the time of payment. We must verify that the non-attorney representative is eligible for direct payment by reviewing the RASR EDPNA Query List. We update the list monthly to show who is eligible to receive direct payment. If the non-attorney representative is not on the list or has an ineligibility status on the date we process the payment, the technician cannot pay the fee directly to the non-attorney representative. In these situations, the representative must request payment of the authorized fee directly from the claimant.

1. 1. 

   Verifying eligibility for direct payment

   • •

     Verify the claimant and non-attorney representative signed a Form SSA-1696 Claimant’s Appointment of Representative (or equivalent written statement); and

   • •

     Access the EDPNA List in RASR to determine if the non-attorney representative is eligible for direct payment; and

   • •

     Verify the non-attorney representative registered for direct payment with us.

   You can also access the list in PolicyNet under “Tools and Resources.” For questions about the list, contact staff named. For more information on representative registration, see GN 03920.017B.3.

2. 2. 

   Request for payment by ineligible non-attorney representative

   If you determine that a non-attorney representative registered for direct payment using Form SSA-1699 (Request for Appointed Representative's Direct Payment Information) and submitted Form SSA-1695 (Identifying Information for Possible Direct Payment of Authorized Fees), but the non-attorney representative’s name is not on the EDPNA List in RASR, the direct payment link must be deleted. The technician will notify the non-attorney representative of the ineligibility for direct payment. Continue processing the claim to adjudication and release any past-due benefits to the claimant. If the non-attorney representative continues to submit SSA-1695s for direct payment in other claims, refer the non-attorney representative for a possible fee violation, per procedures in GN 03970.017B (FO) or GN 03970.017C (PC).

   A non-attorney representative who is not eligible for direct payment must look to the claimant for payment of any fee authorized and cannot be paid directly by us.

3. 3. 

   Amending a notice of appointment after qualifying for direct payment

   If a non-attorney representative submitted an appointment document, such as the form SSA-1696 (Claimant’s Appointment of Representative), before the representative became eligible for direct fee payment, the non-attorney representative must advise us of the change in direct payment eligibility status by submitting a properly signed supplemental Form SSA-1696 for each case in which the representative wishes to receive direct payment.

   For the policy on supplemental appointments, refer to GN 03910.040B.3.

4. 4. 

   Inquiries by non-attorney representatives about qualifying for direct payment

   Direct non-attorney representatives who request more information on how to become eligible for direct payment to visit our Representing Social Security Claimants website.