The Social Security Disability Applicants’ Access to Professional Representation Act of 2010, Public Law No. 111-142, permanently extends the fee withholding process to qualified non-attorney representatives who meet certain prerequisites. Refer to GN 03920.017 for the policy on payment of authorized representative’s fees.
Section 206 (e) of the Social Security Act (Act) and 20 CFR §404.1717 and §416.1517 list the prerequisites that a non-attorney representative must satisfy in order to receive direct payment of fees.
To continue participation in this program, EDPNAs must meet ongoing continuing education requirements and must maintain proper insurance coverage. Failing to submit proof of either requirement will result in ineligibility to receive direct payment for at least six months.
We may find non-attorney representatives ineligible to participate in the direct fee payment program if they fail to meet any of the applicable criteria GN 03920.018B and GN 03920.018C, in this section. They can protest our finding of ineligibility if we based the finding on failure to:
We always check eligibility for direct payment at the time of payment. We must verify that the non-attorney representative is eligible for direct payment by reviewing the RASR EDPNA Query List. We update the list monthly to show who is eligible to receive direct payment.
To take an exam with ProctorU you must have access to the following: 1 A reliable personal computer with a microphone and a webcam 2 Windows or Apple Operating System 3 Google Chrome or Firefox internet browser 4 A high-speed internet connection 5 A private, distraction-free area
ProctorU is a live, online proctoring service that allows you to take your exam from your home. To take an exam with ProctorU you must have access to the following: A reliable personal computer with a microphone and a webcam. Windows or Apple Operating System. Google Chrome or Firefox internet browser.
The SSA sets a few broad requirements for representing a claimant. If you have the ability to give valuable help to a claimant and have a good character and reputation, you can act as a Social Security representative. The claimant must appoint you as representative in writing, using the SSA's Form 1696, which you must also sign.
Although the SSA sets no specific educational requirements, a qualified representative is likely to have a bachelor's degree. A qualified representative's work history and training should include acquiring familiarity with medical records and legal regulations.
Before representing a claimant, you must become familiar with the Social Security program rules for applying, pursuing and, if necessary, appealing a claim for benefits. Program rules come from several sources: federal law and regulations, rulings by the SSA commissioner and the SSA's employee operating manual.
Understanding the SSA's payment rules for claimant representatives is important to the success of your business. Generally, you can't collect any payment for your services from the claimant without the SSA's approval.