The Social Security Administration allows electronic signatures on its Form SSA-827, "Authorization To Disclose Information To The Social Security Administration." The agency allows most claims and appeals to be filed online. What about Form SSA-1696, "Appointment of Representative." What about fee agreements between attorneys and their clients? Does Social Security have a policy on acceptance of electronic signatures on these forms? Are "wet" signatures still required?
I never got any definitive response. Social Security certainly has policies on the subject of what constitutes a signature when it's for their convenience. Wouldn't it be appropriate for the agency to issue some guidance on this for attorneys and others who represent claimants? Isn't serving the public what the agency is supposed to be doing or are attorneys not part of the public?
I've seen plenty of what are clearly electronic or stamped signatures from reps on fee agreements and 1696s and not only did nobody question the validity of the docs, but none of us ever mentioned it at all.
ReplyDeleteThis has got to be one of those things that is a complete and total non-issues for everyone in the world except for a few jerk ALJs who make it their life's work.
In response to Anonymous 9:16, the issue is not signatures by representatives, it is signatures by claimants.
ReplyDeleteIf you use electronic signatures to file applications for your clients, the OGC will send you a letter and threaten to sanction. I think that is a pretty good indication that SSA has a clear, albeit sub rosa policy against accepting electronic signatures.
But don't take my word for it - this is from a letter signed by four U.S. Senators and referenced on this blog last week: "Given the push by SSA and the broader federal government to modernize IT infrastructure, we strongly believe that SSA should make provisions to accept the consent of an individual electronically ... It is within your authority to make this reasonable and overdue change to accept consent electronically without new legislation." https://socsecnews.blogspot.com/2018/02/how-did-this-become-social-securitys.html
We do 827's and file SS applications without signatures, but I haven't seen a 1696 or a fee petition without a real signature.
ReplyDeleteThe info you seek can be found in the public version of SSA's POMS, available online. For the SSA-827 see POMS DI 11005.056. ( https://secure.ssa.gov/poms.nsf/lnx/0411005056 )
ReplyDeleteFor the 1696, see GN 03910.040.B.1. ( https://secure.ssa.gov/poms.nsf/lnx/0203910040 )
We tried for a while but got push back from some field offices. Went back to regular signatures. SSA needs to update their policy.
ReplyDelete