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Sep 5, 2008

Proposed Regulations On Representatives Coming Monday -- Read Them Today

The Social Security Administration has filed a 99 page Notice of Proposed Rule-Making (NPRM) to be published in the Federal Register on Monday, but you can read it today. Here is Social Security's brief summary:
We are proposing several revisions to our rules on representation of parties. These proposed rules would recognize entities as representatives, define the concept of a principal representative, and authorize principal representatives to sign and file a claim for benefits on behalf of a claimant. These proposed rules would also mandate the use of Form SSA-1696 to appoint, revoke, or withdraw an appointment of a representative, and to waive a fee or direct payment of the fee. We propose to define the concept of a professional representative and require professional representatives to use our electronic services as they become available, including requiring professional representatives to submit certain requests for reconsideration or a hearing before an administrative law judge (ALJ) electronically. Finally, we propose to require representatives to keep paper copies of certain documents that we may require. We are proposing these revisions to reflect changes in representatives’ business practices and to improve our efficiency by enhancing use of the Internet.
Note that this is a proposal. The public can comment on the proposal. Social Security is supposed to consider the public comments. As a practical matter, this proposal cannot become official regulations until there is a new President. The new President, through the Office of Management and Budget, can refuse to approve the proposed regulations or demand changes as a condition for approval, not that I expect this proposal to be that controversial. I have not had time to study the proposal.

Update: Here is the link to the NPRM in the Federal Register.

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