2024 New Rule

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Frequently Asked Questions

We published a final rule in the Federal Register on August 21, 2024: Changes to the Administrative Rules for Claimant Representation and Provisions for Direct Payment to Entities. We revised our regulations consistent with the decision of the United States Court of Appeals for the First Circuit in Marasco & Nesselbush, LLP v. Collins, 6 F.4th 150 (1st Cir. 2021).

Key Features of the New Rule

  • Starting September 30, 2024, anyone who has not previously registered with us and who wants to be appointed as a representative must register with us using the Form SSA-1699 before we will recognize a new appointment request.
  • Starting December 9, 2024, representatives must use the Form SSA-1696 for new or updated appointments.
  • Starting December 9, 2024, we will directly pay entities the fees we authorize to their affiliated representatives when a representative assigns direct payment of their fee to that entity.
  • We will accept an assignment of direct payment if the conditions outlined in the implementation phases discussed below are met. Generally, those conditions are:
    • The entity must register with us.
    • The representative must register with us and affiliate with the entity.
    • The representative must assign direct payment of the fee to the entity.
    • The representative and the entity must both be eligible for direct payment.
  • All entities that want to receive direct payment will need to register or update their registration with necessary payment and Point of Contact (POC) information. This information will be collected on a revised SSA-1694 (Entity Registration and Taxpayer Information). We are giving entities advance time between September 30, 2024, and December 9, 2024, to complete or update their registration prior to the implementation of the remaining changes. Anyone who intends to be an entity’s POC may begin their registration immediately.

Key Dates for the New Rule

We will implement these changes in 2 phases:

  • Phase 1: On September 30, 2024, we will begin our new registration requirements for appointed representatives.
  • Phase 2: On December 9, 2024, we will implement the remainder of these changes, including allowing assignment of direct payment of fees to entities.

PHASE 1 – Registration of Representatives and Entities
(Effective September 30, 2024)

FOR REPRESENTATIVES:

  • Starting September 30, 2024, anyone who wants to be appointed as a representative on claims must first register with us before we recognize a new appointment request. A new version of form SSA-1699 (Representative Registration) will be available at www.ssa.gov/forms/ssa-1699.pdf on or about September 30, 2024. However, we encourage representatives who have not yet registered with us to do so as soon as possible. Representatives who use the current form SSA-1699 to register prior to the new version’s release will not need to update their registration unless the representative’s personal information changes.
  • Representatives have the option to affiliate with one or more entities during the registration process. A representative must affiliate with an entity before the representative can assign direct payment of their fee to that entity starting December 9, 2024.
  • We encourage representatives who want to affiliate with a new entity to do so using the SSA-1699 as soon as possible. Representatives who have already affiliated with an entity do not need to update their registration unless information has changed.
  • If a representative wants to affiliate with more than one entity at the same time, the representative must complete a form SSA-1699 and attach additional copies of Section V of the form for each affiliation. A representative may affiliate with additional entities at any time by submitting a new form SSA-1699.
  • In addition to allowing representatives to assign direct payment of fees to an affiliated entity, the affiliation process will allow us to issue a copy of form IRS 1099-MISC or 1099-NEC. This will help representatives and entities in their accounting and tax reporting duties. More information about these forms can be found at https://www.irs.gov/instructions/i1099mec.
  • Representatives should complete and fax the form SSA-1699 to us at 1-877-268-3827. This fax number is only for form SSA-1699. We cannot process any other documents received at this number. We cannot process form SSA-1699 if other forms are attached to the submission.
  • We encourage representatives to inform their affiliated entities about the upcoming changes. As explained below, entities must register or update their current registration before we will process any direct payment assignments to them.
FOR ENTITIES:

  • We encourage entities that want to be assigned direct payment of fees authorized to representatives to register with us (or update their current registration) starting September 30, 2024. Assignment of direct payment begins in phase 2 on December 9, 2024. Entities may continue to register with us for tax reporting purposes using the revised form SSA-1694, even if they do not want to be assigned direct payment of authorized fees.
  • Entities that wish to receive assignment of direct fee payments from representatives must register using the revised form SSA-1694. Even if an entity has previously registered with us, we will require a new registration using the revised form SSA-1694. This ensures that we have the necessary information to process assignment of direct payment of fees.
  • To be eligible for an assignment of direct fee payment, an entity must:
    • Have an Employer Identification Number (EIN).
    • Register with us by submitting the revised form SSA-1694. This form can be found at www.ssa.gov/forms/ssa-1694.pdf starting September 30, 2024.
    • Accept payment by electronic funds transfer.
    • Designate and maintain a POC who has the authority to speak and act on behalf of the entity to resolve fee-related matters.
    • Conform to our rules and policies, such as remitting excess or erroneous fee payments in a timely manner.
  • Anyone who intends to be an entity’s POC must register as a representative using form SSA-1699 before they can be named as a POC for an entity. Once the person’s registration is processed, they will receive a representative identification (RepID) number, which is required to complete form SSA-1694.
  • Under our rules:
    • A POC is a person designated by an entity to speak and act on their behalf to resolve fee matters related to direct payment.
    • POCs are not required to be eligible for direct payment and are not required to be appointed on any claim.
    • POCs must abide by our “Rules of Conduct and Standards of Responsibility” as applicable to their role as a POC.
  • To complete entity registration, complete and fax form SSA-1694 to us at 1-833-597-1429.

PHASE 2 – Appointment of a Representative, Assignment of Direct Payment of Representative Fees, and Direct Payment of Representative Fees to Entities
(Effective December 9, 2024)

FOR REPRESENTATIVES:

  • Representatives must use the new Form SSA-1696 (Claimant’s Appointment of a Representative) for new or updated appointments submitted on or after December 9, 2024. This form can be found at www.ssa.gov/forms-1696.pdf on or about December 9, 2024. For each new appointment, we will require both the claimant and the representative, regardless of whether the representative is an attorney or non-attorney, to sign the form SSA-1696.
  • Representatives have the option to assign direct payment of their authorized fees to an entity. We will recognize this assignment request if:
    • The representative makes this request on form SSA-1696.
    • The representative is eligible for direct payment and has affiliated with the entity through the registration process using form SSA-1699 before making the assignment.
    • The entity is eligible for direct payment and has registered using the form SSA-1694 before the representative made the assignment.
    • The assignment is made before the date we notify the claimant of our first favorable determination or decision.
  • In order to assign direct payment of fees in cases that are pending, representatives may file a new SSA-1696 before the date we notify the claimant of our first favorable determination or decision.
  • Representatives may rescind an assignment in a claim before the date we notify the claimant of our first favorable determination or decision.

FOR ENTITIES:

  • Beginning on December 9, 2024, we will certify direct payment of representative fees to an entity if, at the time we certify payment:
    • We have authorized a fee under the fee agreement or fee petition process.
    • The representative properly assigned direct payment to the entity.
    • The direct payment assignment remains valid.
    • Both the representative and the entity remain eligible to receive direct payment.
  • Entities must ensure that POC information remains accurate and inform us about any updates by submitting a new form SSA-1694.