I-1-1-11.Processing the Appointment of a Representative

A. General

Staff in the Office of Hearings Operations (OHO) and the Office of Appellate Operations (OAO) must review all incoming cases or case materials to determine whether a claimant has a representative. In addition to the procedures below, Program Operations Manual System (POMS) GN 03910.040 provides more information about processing an appointment of a representative.

For an appointment to be valid, the claimant must file with the Social Security Administration (SSA) a completed and properly signed written notice of appointment, which can be on Form SSA-1696, Claimant's Appointment of a Representative, the electronic SSA-1696 (e1696), or any other written document that meets the requirements of 20 CFR 404.1707 and 416.1507, as described in Hearings, Appeals, and Litigation Law (HALLEX) manual I-1-1-10 A.

B. Document the System(s) and the Claim(s) File

Upon receiving a written notice of appointment, OHO or OAO staff must annotate the appropriate system(s), notify the servicing field office (FO), and properly associate the document(s) with the file. OHO or OAO staff must also update the record when representation information changes, such as when a new or amended notice of appointment is submitted designating a principal representative, or when a representative's fee arrangement (e.g., a fee agreement or a fee waiver is submitted) changes.

C. Multiple Representatives

A claimant can appoint multiple representatives. OHO or OAO staff will process information for each registered appointed representative to the claim in RASR. However, if a claimant appoints more than one individual to serve as representative, we require the claimant to designate a principal representative because we will make contact with and send notices or requests for development only to the principal representative. We expect the principal representative to provide copies of notices or requests to other representative(s). See POMS GN 03910.040C. OHO and OAO staff will not send notices to non-principal representatives and should not remove electronic cases from eSign for this purpose.

On receipt of a notice of appointment, OHO or OAO staff will ensure that the representative designated as the principal representative appears as the claimant's representative in CPMS for cases pending with OHO and in ARPS for cases pending with OAO. For registered representatives, OHO and OAO staff will also indicate or update the principal representative designation in RASR.

If a claimant appoints multiple representatives at different times and has not designated a principal representative, when feasible and appropriate OHO and OAO staff will contact the claimant to find out who the claimant wants to serve as the principal representative. If contact is not feasible or appropriate, we consider the most recently appointed representative to be the claimant's principal representative. If the claimant indicates an intent to terminate any representative's appointment, OHO or OAO staff will inform the claimant that the revocation must be in writing, dated, and signed by the claimant. See HALLEX I-1-1-30 B and POMS GN 03910.060B.3.

D. Other Representation Forms

The following are other forms we use to document a representative's identifying information and registration for direct payment. OHO and OAO staff may receive these forms and should handle them as indicated below.

1. Form SSA-1694, Request for Business Entity Taxpayer Information

   1. This form is optional. We use the form to register firms, organizations, or other entities that employ individual representatives.

   2. We encourage entities to submit this form because it allows SSA to send a copy of the individual representative's Form 1099-MISC, Miscellaneous Income, to the employing entity for a correct and efficient reconciliation of employees' fees.

   3. Representatives or employing entities can submit this form online by visiting the Business Services Online (BSO) page or by contacting the Employer Reporting Specialists (ERS) in the Office of Earnings and International Operations (OEIO) at 1-800-772-6270 (TTY 1-800-325-0778). See POMS GN 03913.050.

   4. If an OHO or OAO office receives this form, staff should return the form to the representative to resubmit as instructed in D.1.c. above. See also POMS GN 03913.005C.

2. Form SSA-1699, Registration for Appointed Representative Services and Direct Payment

   1. This form is required if a representative seeks direct payment of a fee. It is optional for representatives who do not seek direct payment. We use this form for general representative registration, and it is not case specific.

   2. Representatives submit this form only once by faxing the completed form to OEIO at 1-877-268-3827. See POMS GN 03913.001. Subsequently, representatives are responsible for updating any changes in their personal, professional, or business affiliation information by resubmitting the Form SSA-1699 using the Representative Identification (Rep ID) number obtained during their initial registration. See POMS GN 03913.010. The ERS is responsible for reviewing this form for completeness.

   3. If OHO or OAO receives a new or updated Form SSA-1699, staff will follow instructions in POMS GN 03913.012A to forward the Form SSA-1699 to OEIO.

   4. OHO uses the Form SSA-1699 to enroll representatives for online access to electronic folders. This process is by invitation only.