New Instructions On 1695s

The National Organization of Social Security Claimants Representatives (NOSSCR) obtained the recent staff instructions from Social Security. Note in particular the language requiring Social Security to contact the attorney or representative if there is no 1695 in the file at the time of implementation.

Identification Number AM-08092 REV Effective Date: 06/27/2008
Intended Audience: All RCs/ARCs/ADs/DDSs/FOs/PSCs/OCO/ODAR/TSCs
Originating Office: DCO OPSOS DOACS
Title: Processing SSA-1695s - Identifying Information for Possible Direct Payment of Authorized Fees
Type: AM - Admin Messages

Program: All Programs
Link To Reference: GN 03910.042
GN 03920.017
GN 03920.055

Retention Date: December 27, 2008

Revision: 7/17/08 - The instructions have been revised to separate and highlight processing instructions for the DDS and ODAR hearing offices. References to Form eSSA-1696 was removed because it does not exist.

The purpose of this message is to provide information and instructions for processing SSA-1695 (Identifying Information for Possible Direct Payment of Authorized Fees). This message also includes an important reminder for DDS and ODAR.

A. Background

Current policy in GN 03910.042 states that all appointments made on or after January 1, 2007 require the claimant representative to register and submit an SSA-1695, prior to the date SSA issues a favorable decision in order to receive direct payment of the representative’s fee. Upon receipt of an SSA-1695, field offices are instructed to establish a link on the SSA system between claimant and representative by:
· inputting information from the form;
· destroying the paper form; and
· sending a manually-generated letter of acknowledgement to the representative.

We’ve received an unusually high number of complaints from appointed representatives with allegations that field offices (FOs) are not acknowledging receipt of form SSA-1695. The complaints also allege that some FOs are not processing the SSA-1695s that are submitted. On April 8, 2008, the president of the National Organization of Social Security Claimant Representatives lodged a formal complaint with SSA; and questioned the policy on how representative fees are released and the workflow for processing of SSA-1695.

Operations staff is currently working with the Office of Retirement and Disability Policy to support an online initiative to reduce this manual workload in the future. Until that initiative is implemented, the procedures below should be followed.

B. Procedures

When the DDS or ODAR hearing offices receives an SSA-1695:
1. DDS and ODAR hearing offices do NOT process SSA-1695s.
2. These offices should send SSA-1695 immediately to the claimant’s servicing FO for processing.

When the FO receives an SSA-1695:
1. Input the information on the Appointed Representative Direct Payment Screens located in POTS, #27 on the SSA Main Menu (If concurrent, input for both Title II and Title XVI cases—verify input posts to records);
2. Prepare and send the manual acknowledgement notice to the representative; and
3. Shred SSA-1695.

NOTE: When an appointed representative does not receive acknowledgement of receipt 30 days after submission of an SSA-1695, he/she is instructed to contact the field office or National 800 Number and then determine if it is necessary to fax the SSA-1695 directly to the field office manager for processing.

When the FO receives a faxed copy of the SSA-1695:
1. Query the appointed representative’s SSN on the Appointed Representative Direct Payment Screens, selection 5, located in POTS, #27 on the SSA Main Menu;
NOTE: If the link is established (if concurrent, verify both Title II and Title XVI cases.)
2. Check ORS to determine if the acknowledgement was sent to the representative, if not;
· Prepare and send the manual acknowledgement notice to the representative; and
· Shred faxed SSA-1695.

OR
1. Query the appointed representative’s SSN on the Appointed Representative Direct Payment Screens, selection 5, located in POTS, #27 on the SSA Main Menu.
NOTE: If the link is not established and no favorable decision has been effectuated, follow existing procedures in GN 03910.042 for processing SSA-1695.
2. Input the information on the Appointed Representative Direct Payment Screens located in POTS, #27 on the SSA Main Menu (if concurrent, input for both Title II and Title XVI cases—verify input posts to records);
3. Prepare and send the manual acknowledgement notice to the representative; and
4. Shred faxed SSA-1695.

When FO does not receive SSA-1695 prior to effectuating the claim:
1. If the SSA-1695 is not present or recorded in POTS prior to effectuation of the claim, and the representative later complains that he/she did not receive direct pay, request proof of timely submission of the SSA-1695.
2. If he/she cannot provide proof of submitting the 1695 prior to effectuation of the claim, follow procedures in GN 03920.017C.3.

When the claim is ready to effectuate/adjudicate a favorable decision; there is an SSA-1696, or written equivalent from a representative; the fee is not waived; and is otherwise eligible for direct pay:
1. Contact the representative;
2. Inform him/her that SSA has not received the SSA-1695,if the representative wants direct payment;
3. Instruct the representative to fax the SSA-1695 immediately.
NOTE: The link must be established before the claim is effectuated.

When the representative provides proof of submitting a 1695 prior to the date the claim was effectuated; and the 1695 is located in the FO after effectuation and receipted in by the FO prior to effectuation; but was not linked or acknowledged:
This is considered an inadvertent release of withheld past-due benefits to the claimant.
Follow procedures in GN 03920.055 if the representative has evidence of submitting the 1695 prior to a favorable decision.

C. Reminders
· After information is input into the system, always send acknowledgement for SSA-1695s; then promptly destroy the paper forms.
· SSA-1695s should never be scanned into the electronic folder nor sent to DDS or ODAR offices.

Additional scenarios for processing SSA-1695 can be found at:
· Appointed Representative Database; and
· Title II Attorney Fee Coding Guide

Direct all program–related and technical questions to your RO support staff or PC OA staff. RO support staff or PC OA staff may refer questions or problems to their Central Office contacts.