Frequently Asked Questions:
Final Rule - Changes to the Administrative Rules for Claimant Representation
 and Provisions for Direct Payment to Entities

Availability of Forms

• Question: When will the new versions of Forms SSA-1694, SSA-1696, and SSA-1699 be available?

Response: The new versions of Forms SSA-1694 and SSA-1699 were available beginning September 30, 2024. The new version of Form SSA-1696 will be available on or about December 9, 2024.

Completion of Forms

• Question: Is it a requirement that representatives who always waive fees (e.g., non-profit organizations, legal aid representatives) complete Form SSA-1699?

Response: Yes.  As indicated in the final rule and at 2024 New Rule | Representing SSA Claimants | SSA, starting September 30, 2024, anyone who has not previously registered with us and who wants to be appointed as a representative must register with us using Form SSA-1699 before we will recognize a new appointment.

• Question: The new version of Form SSA-1699 requires the individual representative to list a bank account of which they are the owner or co-owner. How should this section of the form be completed if the individual representative assigning direct payment of fees to an entity is not the owner or co-owner of that entity's bank account?

Response: In general, the new rule will not change how we use the banking information provided on Form SSA-1699. If an individual representative does not designate an affiliate entity for a case on a Form SSA-1696, we will use the banking information provided in Section IV of Form SSA-1699 for direct payments to that representative.

If an individual representative designates an affiliate entity on a Form SSA-1696 but does not assign direct payment to the entity or if the assignment cannot be processed (e.g., the assignment was not timely or the entity was not eligible for direct payment), we will use the banking information provided in Section V of Form SSA-1699 for direct payments to that representative.

If an individual representative validly assigns direct payment of their fee to an eligible entity, we will use the banking information the entity provided on Form SSA-1694 when processing the payment.

• Question: Do representatives have to provide a “Home Address” for receipt of notices, as indicated in Section IV of the Form SSA-1699?

Response: No. In this section the form requests the address at which the representative wishes to receive notices. This address does not have to be a home address. When revising the form we mistakenly added “Home” before “Address” in the instruction line in this section. We are now working to correct this error and apologize for any confusion it has caused.

• Question: Why does the new Form SSA-1696 collect information about auxiliary claimants?

Response: According to policy in GN 03910.025C., representatives may be eligible for fees from any auxiliary cases that flow from the primary claimant’s (Number Holder) case. We may authorize fees to the Number Holder’s representative(s) from auxiliary benefits, such as those awarded to the Number Holder’s children, including those who do not live in the same household, when those children are not independently represented. To ensure that we timely and correctly withhold past-due benefits from any such auxiliary claimant, we request this information from the representative. Providing this information will streamline the representative’s fee payment process and improve fee payment accuracy for awards with auxiliary claimants. Representatives who do not have this information or do not wish to provide it can submit the form to us without the “Other Claimants” section completed.

• Question: If a representative does not list the auxiliaries on Form SSA-1696, will the representative be prevented from receiving fees for these auxiliaries? What if the representative only lists the auxiliaries’ names and not SSNs? What about pending claims where this information was not previously submitted?

Response: The representative will not be prevented from receiving fees from auxiliaries not listed on Form SSA-1696. However, providing auxiliary information on Form SSA-1696 could expedite processing and prevent delays due to a need for further development. 

We need both the auxiliary’s name and their SSN. If the representative does not provide both the auxiliary’s name and SSN, the need for further development may cause delays.

Representatives do not need to submit a new Form SSA-1696 simply to provide auxiliary information for claims that are already pending, although they are free to do so. We will contact the representative if we need this information in a particular claim.


• Question: The previous "disclosure" language has been removed from the new Form SSA-1696. The prior version of the form allowed claimants to authorize disclosure to the appointed representative’s staff and other associates. Does this mean that SSA will no longer give updates to the staff when a staff member calls in about a case?  

Response: We will continue to provide updates to an appointed representative’s staff as appropriate. We removed the “disclosure” selection box on Form SSA-1696 because we revised our System of Records Notice (SORN) to give us the authority to make these disclosures based on the Privacy Act routine uses. We published a Federal Register notice to revise our SORN on February 27, 2024 (89 FR 14554), which updated the routine uses for the claims folder systems of record (60-0089) (Agency SORN page) and announced these changes. For additional information on our disclosure policies, please refer to our POMS sections within GN 03301.000 and GN 03910.025B.

• Question: Does SSA require fee agreements to list the specific fee cap for approval? If the fee agreement does not specify the cap, must the fee agreement state that the representative informed the claimant of the current fee cap? What if the fee agreement includes an “escalation clause”?

Response: We do not require that fee agreements list the amount of the fee cap and will not disapprove a fee agreement solely because it does not list the current fee cap amount, nor will we disapprove a fee agreement solely because it does not include an affirmation that the representative explained the current fee cap to the claimant.

Some fee agreements include an escalation clause, which is language providing for the use of the fee cap in effect on the date of the favorable determination or decision, rather than the fee cap in effect on the date the fee agreement is signed. For example, the model fee agreement in Form SSA-1693 sets the fee at the lesser of 25% of a claimant’s past due benefits or the maximum dollar amount allowed under the Act, or such higher amount set by the Commissioner based on the maximum dollar amount in effect as of the date of the claimant’s favorable determination or decision (escalation clause in italics). We note that as part of their duty to maintain prompt and timely communications during representation, representatives must inform their clients about the current fee cap and explain that the amount may increase before the date of the favorable determination or decision. See GN 03970.010B.3.e. However, we do not require representatives to affirmatively state within the fee agreement document that they informed their client of the current fee cap. See GN 03940.003B.3.

Submission of Forms

• Question: How should representatives submit Form SSA-1699?

Response: Representatives should complete and fax Form SSA-1699 to us at 1-877-268-3827. We cannot process any other documents received at this number. We cannot process Form SSA-1699 if other forms are attached to the submission.

• Question: How should entities submit Form SSA-1694?

Response: Entities should complete and fax Form SSA-1694 to us at 1-833-597-1429.

• Question: How should representatives follow up to ensure that their registrations and their entity’s re-registrations have been properly processed after submission?

Response: We will send a notice to individuals confirming registration as a representative once we process their Form SSA-1699, even if they are registering only to serve as an entity Point of Contact (POC). This notice includes the individual’s unique Representative Identification (Rep ID). If we are unable to process their Form SSA-1699, we will notify the individual. Individuals should allow two to three weeks to receive one of these notices.

For more information, individuals may call 1-800-772-6270 or visit our website at www.ssa.gov/ar. If the individual is hearing impaired, they may call our TTY number at 1-800-325-0778. The individual may also visit their local Social Security office.

We will also send a notice to entities confirming registration once we process a Form SSA-1694 to establish or update an entity’s registration. If we are unable to process their Form SSA-1694, we will notify the entity. Entities should allow two to three weeks to receive one of these notices.

For more information, the entity POC may call 1-800-772-6270 or visit our website at www.ssa.gov/ar. If the POC is hearing impaired, they may call our TTY number at 1-800-325-0778. If a representative (who is not the entity POC) has a question about an entity’s registration, they should contact the entity.

• Question: If a representative submitted an appointment signed by the claimant before December 9, 2024, that the representative did not sign, do they need to replace this with a signed Form SSA-1696 in each case?

Response: No, as long as the claimant signed the appointment before December 9, 2024, even if the appointment is submitted to the agency after December 9, 2024, a representative does not need to submit a new Form SSA-1696 unless they want to update information relating to that claim. Claimants and representatives must use the new version of Form SSA-1696 only for new or updated appointments signed by the claimant on or after December 9, 2024. For each new appointment signed by the claimant on or after December 9, 2024, we will require both the claimant and the representative to sign Form SSA-1696 regardless of whether the representative is an attorney or non-attorney.

• Question: If a representative wishes to assign direct payment of a fee to an entity for a pending case, do they need to submit a new Form SSA-1696 for each pending case?

Response: Yes. Beginning on December 9, 2024, if a representative wants to assign direct payment of fees in a case that is pending, the representative must file a new Form SSA-1696 before the date we notify the claimant of our first favorable determination or decision.

• Question: Can a representative waive their right to a fee or direct payment of a fee if they have already assigned direct payment of their authorized fee to an entity?

Response: A representative must rescind an assignment before waiving their right to receive a fee or waiving their right to direct payment of a fee. A representative may rescind and waive on one updated Form SSA-1696 by indicating in Section 5, Part C that they are rescinding an existing assignment and indicating in Section 6 that they are waiving their fee or waiving direct payment of their fee. However, we will recognize a rescission of an assignment only if we receive it prior to the date we notify the claimant of our first favorable determination or decision.

• Question: Can an individual be the point of contact for one entity for which they do not represent clients, and also affiliate with a different entity when they are appointed to represent claimants? Could they assign direct payment to that other affiliate entity?

Response: An individual may serve as a point of contact (POC) for an entity and affiliate with other entities during their representation of claimants. To serve as the POC for an entity, the individual must be registered as a representative, be an employee of the entity, and be designated by the entity as the POC through the entity’s registration (20 CFR 404.1703, 404.1735(d), 416.1503, and 416.1535(d)). Serving as an entity’s POC does not prevent an individual from affiliating with other entities and assigning direct payment of fees to those entities while representing claimants.

• Question: Some representatives may have mailed the prior version of Form SSA-1696 to claimants (e.g., new clients in which the intake process had already begun) to sign shortly before the new version’s availability, and the form may have not yet been returned. What happens if the prior version of Form SSA-1696 is returned to the representative with a date on or after December 9, 2024? Is there a grace period in which the prior version of Form SSA-1696 will still be accepted and processed? Does it make a difference if the RepID is listed on the prior version of Form SSA-1696?

Response: Representatives should start using the new form immediately, if they have not already done so. We will still process the prior version of Form SSA-1696 if that form was properly completed, signed, and dated by the claimant before December 9, 2024, even if we do not receive it before December 9, 2024. However, if the claimant’s signature on a prior version of Form SSA-1696 is dated on or after December 9, 2024, or if the claimant’s signature does not have a date and we receive the form on or after December 9, 2024, we will not process the form. Listing the RepID on the prior version of Form SSA-1696 will not have any impact on whether or not we will process the form.


• Question: We have heard that some Field Offices are telling representatives that there is a moratorium on the acceptance of any Form SSA-1696s, meaning that they are not entering any appointments into the Registration, Appointment, and Services for Representatives system. Concern has been expressed that these claims are still being processed and sent to the Disability Determination Services without the representatives attached to the file, making it impossible for the representative to track and check on the case. Is this true?

Response: There is currently no moratorium. The Field Offices are processing appointments as usual. 


• Question: Will a fee petition be necessary if a prior version and the new version of Form SSA-1696 were both properly filed in a pending case?  What if the representative who submitted the new version of the form assigns direct payment of their fees to an entity, but the previously appointed representative does not?

Response: No, a fee petition is not necessary in this scenario. A representative’s decision to assign direct payment of a fee to an entity has no impact on whether or not a fee agreement is approved. We do not consider assignments when evaluating fee agreements (See GN 03940.003). An assignment only impacts where the fees are directly paid. As we explained in the Final Rule, we did not revise our rules related to who must sign a fee agreement.

Registration Deadlines

• Question: Is there a deadline for representatives to complete registration using Form SSA-1699?

Response: We encourage representatives who have not yet registered with us to do so as soon as possible. Representatives have the option to affiliate with one or more entities during the registration process. A representative must affiliate with an entity before the representative can assign direct payment of their fee to that entity starting December 9, 2024.

Representatives who have already affiliated with an entity do not need to update their registration unless their information has changed.

In addition, anyone who intends to be an entity’s Point of Contact (POC) must register as a representative using Form SSA-1699 before an entity can designate them to be a POC.

Court Attorneys (Only)

• Question: Can a Court Attorney receive a copy of a claimant’s notice of award to use to petition the court for a fee?

Response: We do not require court attorneys to submit Form SSA-1696 to us to represent claimants at the Federal court level. An attorney who has not been appointed to represent a claimant is not entitled to receive a copy of the notice of award from us, but court attorneys may request a specialized Court Attorney notice from us to facilitate petitioning for and approval of 406(b) fees. This notice is designed to provide essential information to assist attorneys with filing for court fees in successful court appeals of our final decisions, including court remands that result in a favorable or partially favorable administrative decision. We will not automatically release this notice to the court attorney but will send it in response to a request from an attorney who represented a claimant in Federal court.

• Question: What does a Court Attorney need to do to receive direct payment of court-awarded 406(b) fees?

Response: A court attorney who wants to receive direct payment of court-awarded fees must:

• complete a one-time registration with us using the Form SSA-1699, Representative Registration; and
• provide the information we require to establish a temporary payment-only appointment.

To establish a temporary payment-only appointment we need the following:

• The claimant’s name and SSN
• The attorney’s name and Rep ID
• If affiliating with a registered entity, the entity’s name, and EIN

Court attorneys who use Form SSA-1696 to provide this information should include the claimant’s name and SSN in Section 1, the attorney’s name and Rep ID in Section 2, and the information in Section 5, part B (including the claimant’s SSN and their own Rep ID at the top of page 5).

NOTE: Registration is a one-time process; however, any individual who registers with us is responsible for ensuring that the information on file is current.