76 FR 56107: Requiring Use of Electronic Services by Certain Claimant Representatives
On September 12, 2011, we published Final Rules (FR) entitled “Requiring Use of Electronic Services by Certain Claimant Representatives”. The FR requires representatives to conduct business with us electronically at the times and in the manner we prescribe on matters for which the representative requests direct fee payment. The FR also established the requirement to use available electronic services as an affirmative duty for direct pay representatives under the representative rules of conduct regulations. The FR became effective on October 12, 2011.
Following this FR, we have published a number of Federal Register Notices (FRN) that outline related requirements for certain representatives requesting direct fee payment to do business with us electronically:
On October 5, 2020, we published the Federal Register Notice entitled “Requiring Electronic Submission of Evidence by Certain Claimant Representatives." This notice announces a new requirement that all representatives who request direct fee payment must submit all evidence electronically in Title II and XVI disability claims using either Electronic Records Express (ERE), Appointed Representative Services (ARS) or iAppeals if the case is electronic and is pending at either the hearings or Appeals Council levels. This requirement became effective on November 4, 2020.
On April 18, 2016, we published the Federal Register Notice entitled “Requiring Electronic Access to the Electronic Folder by Certain Claimant Representatives”. The Notice announced a new requirement that direct pay representatives must use Appointed Representative Services (ARS) to access and obtain a claimant’s electronic folder for all Title II and XVI cases with certified electronic folders pending at the hearings or Appeals Council levels, subject to limited exceptions as described in the notice. This requirement became effective on August 18, 2016.
On January 31, 2012, we published the Federal Register Notice entitled “Requiring Electronic Filing of Select Appeals by Certain Claimant Representatives”. The Notice announced new requirements that direct pay representatives must use our iAppeals portal to submit requests for reconsideration or requests for hearing by an administrative law judge for disability claims under title II or title XVI of the Social Security Act denied for medical reasons. On March 8, 2012, we published a revised notice clarifying this requirement. The revised notice clarified that direct pay representatives must use iAppeals to submit both the request for reconsideration or hearing and the Disability Report-Appeal electronically using iAppeals. This requirement became effective March 16, 2012.