81 FR 22697 - Requiring Electronic Access to the Electronic Folder by Certain Claimant Representatives
SOCIAL SECURITY ADMINISTRATION Federal Register Volume 81, Issue 74 (April 18, 2016)
Federal Register Volume 81, Issue 74 (April 18, 2016)
| Page Range | 22697-22698 | |
| FR Document | 2016-08162 |
[Federal Register Volume 81, Number 74 (Monday, April 18, 2016)] [Notices] [Pages 22697-22698] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08162] [[Page 22697]] ======================================================================= ----------------------------------------------------------------------- SOCIAL SECURITY ADMINISTRATION [Docket No. SSA-2015-0077] Requiring Electronic Access to the Electronic Folder by Certain Claimant Representatives AGENCY: Social Security Administration. ACTION: Notice; Implementation of requirement. ----------------------------------------------------------------------- SUMMARY: This notice provides advance notification of the requirement that, for claims with certified electronic folders pending at the hearing or Appeals Council levels, an appointed representative must access and obtain a claimant's folder through Appointed Representative Services (ARS) in matters for which the representative requests direct fee payment. Except under the limited circumstances described in this notice, we will no longer provide compact disc (CD) copies of the electronic folder to appointed representatives who request direct payment of fees. We are implementing this requirement to improve administrative efficiency, ensure that representatives can provide the best possible service to claimants by using the most up-to-date information in the claim(s) folder, and manage the unprecedented workload pending in the Office of Disability Adjudication and Review (ODAR). DATES: Effective Date: This notice is effective August 16, 2016. FOR FURTHER INFORMATION CONTACT: Maren Weight, Office of Disability Adjudication and Review, Social Security Administration, 5107 Leesburg Pike, Falls Church, VA 22041, (703) 605-7100, for information about this notice. For information on eligibility or filing for benefits, call our national toll-free number, 1-800-772-1213 or TTY 1-800-325- 0778, or visit our Internet site, Social Security Online, at http://www.social security.gov. For general information or inquiries about the electronic folder, please write to the Office of Electronic Services and Strategic Information, 5107 Leesburg Pike, Suite 1509, Falls Church, VA 22041. SUPPLEMENTARY INFORMATION: Requiring Electronic Access of the Claimant's Certified Electronic Folder On September 12, 2011, we published final rules that require appointed 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.\1\ At that time, we did not require representatives to use any specific electronic service. Rather, in the preamble to that final rule, we stated, ``Once we determine that we should make a particular electronic service publicly available because it works well, we will publish a notice in the Federal Register. The notice will contain the new requirement(s) and a list of all established electronic service requirements.'' \2\ --------------------------------------------------------------------------- \1\ See 76 FR 56107 at https://www.thefederalregister.org/fdsys/pkg/FR-2011-09-12/pdf/2011-23232.pdf. \2\ Id. --------------------------------------------------------------------------- We implemented ARS nationally at the hearing level in November 2010, and, due to its successful application at the hearing level, expanded representative access at the Appeals Council level in June 2011. In part, ARS permits an appointed representative to examine an electronic folder online, download material from the electronic folder, and upload new evidence to the electronic folder in real time. Utilization of ARS has benefited both claimants and representatives, and has improved our efficiency and reduced our costs in associating incoming medical evidence and other information with a folder. To ensure efficient processing, it also is important that representatives use the most up-to-date claims folder. Use of ARS to access the claims folder assists the representative to prepare for a hearing and also positively affects administrative processes for both the representative and the agency. To illustrate, a representative who accesses a folder through ARS is able to determine immediately whether evidence he or she submitted is missing from the folder, and, if the evidence is not associated, the representative can take steps immediately to address the issue, rather than later when the evidence's absence could delay the hearing. Additionally, a representative who uses ARS can immediately access the status of cases pending at the hearing and Appeals Council levels, which saves the representative a lot of time in determining status and significantly reduces the number of inquiries received by ODAR offices. Due to the unprecedented workload currently pending in ODAR, time and resource savings such as this are vital to our operations. When a representative uses ARS for these types of tasks, hearing office staff has more time to perform other tasks needed to prepare for and schedule hearings. Therefore, 120 days after the date of publication of this notice in the Federal Register, we will begin mandating the use of ARS at the hearings and Appeals Council levels by appointed representatives who request direct payment of the authorized fee, with a few exceptions as described below. We are providing a 120-day window to give any representative who is not currently registered for ARS, but would now like to do so, sufficient time to contact us and register for ARS. (For registration information, see Additional Information section below). After the 120-day window, we will no longer burn encrypted CD copies of the electronic folders for affected appointed representatives, as more fully described below. However, this requirement applies only to cases at the hearings and Appeals Council levels because we have not yet provided electronic folder access at the initial and reconsideration levels. Additionally, this requirement applies only to cases under Title II or Title XVI of the Social Security Act (Act) in which the official claim(s) folder is electronic. In implementing this requirement, we acknowledge a systems limitation in providing electronic folder access through ARS when a claimant has appointed multiple representatives. Currently, in multiple representative situations, only the individual who is designated as the principal representative is able to access a claimant's electronic folder through ARS. Under this mandate, if the principal representative requests direct payment of fees, he or she must use ARS to access the electronic folder, and SSA will not provide this representative CDs of the electronic folder upon request. Since non-principal representatives cannot currently access the electronic folder in multiples representative situations, the new mandate described in this notice does not apply to a non-principal representative. However, when the mandate applies to the principal representative, we will not provide CDs of the electronic folder to other appointed representatives who associate themselves with the principal representative by using the same Employer Identification Number (EIN) as the principal representative when requesting direct payment of fees on that case. (Representatives currently identify case-specific EINs for direct fee payment purposes via Form SSA-1695, Identifying Information for Possible Direct Payment of Authorized Fees). Instead, we expect these representatives to make arrangements with the principal representative to obtain copies of the claimant's folder, if they need to view it. If requested, we will continue to provide CDs of the electronic folder to appointed representatives on the case who are not associated with the same [[Page 22698]] EIN identified by the principal representative, regardless of whether these representatives request direct fee payment. Additionally, we acknowledge there will be a few situations where case characteristics, our systems, or other technology limitations preclude access to the electronic folder through ARS. For example, if a request for review is pending at the Appeals Council level on a prior claim, and a subsequent application is pending at the hearing level, our system will not allow a representative to access one or both of the electronic folders. Also, if a case has been closed for more than 90 days after a final action or if the Appeals Council establishes a new court case, an appointed representative cannot access the electronic folder through ARS. In these types of situations, we will continue to work with the representative to provide a CD copy of the electronic folder when requested. We will also provide an exception to those representatives who show that they are unable to register for ARS due to technological issues outside of our control or the control of the representative (e.g., no cell phone coverage available to receive text messages in the area where the representative's office is located). A representative who falls under the terms of this mandate, as described, has an affirmative duty to comply with this requirement. We may investigate to determine if a representative violates this duty or is attempting to circumvent our rules. We may sanction a representative who does not follow these rules, as described in 20 CFR 404.1745-1795 and 416.1545-1595. However, we will not reject or delay a claimant's hearing or process a claim differently if a representative fails to comply with this electronic access requirement. Claimants, whether they are represented or not, and representatives who are not eligible for or who do not request direct payment of fees in a case, may receive a CD copy of the claimant's electronic folder. Additional Information Additional information is available on our Representing Social Security Claimants Web site at http://www.ssa.gov/representation/. Instructions for requesting access to the electronic folder can be found at https://www.socialsecurity.gov/representation/eFolder.htm. Representatives can register for electronic access at https://secure.ssa.gov/acu/IRESWeb/registrationAttestation.do. Dated: March 30, 2016. Carolyn W. Colvin, Acting Commissioner of Social Security. [FR Doc. 2016-08162 Filed 4-15-16; 8:45 am] BILLING CODE 4191-02-P
![Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Notices 22697
SOCIAL SECURITY ADMINISTRATION direct fee payment.1 At that time, we Council levels by appointed
did not require representatives to use representatives who request direct
[Docket No. SSA–2015–0077] any specific electronic service. Rather, payment of the authorized fee, with a
in the preamble to that final rule, we few exceptions as described below. We
Requiring Electronic Access to the stated, ‘‘Once we determine that we are providing a 120-day window to give
Electronic Folder by Certain Claimant should make a particular electronic any representative who is not currently
Representatives service publicly available because it registered for ARS, but would now like
works well, we will publish a notice in to do so, sufficient time to contact us
AGENCY: Social Security Administration. the Federal Register. The notice will and register for ARS. (For registration
ACTION:Notice; Implementation of contain the new requirement(s) and a information, see Additional Information
requirement. list of all established electronic service section below). After the 120-day
requirements.’’ 2 window, we will no longer burn
SUMMARY: This notice provides advance We implemented ARS nationally at encrypted CD copies of the electronic
notification of the requirement that, for the hearing level in November 2010, folders for affected appointed
claims with certified electronic folders and, due to its successful application at representatives, as more fully described
pending at the hearing or Appeals the hearing level, expanded below. However, this requirement
Council levels, an appointed representative access at the Appeals applies only to cases at the hearings and
representative must access and obtain a Council level in June 2011. In part, ARS Appeals Council levels because we have
claimant’s folder through Appointed permits an appointed representative to not yet provided electronic folder access
Representative Services (ARS) in examine an electronic folder online, at the initial and reconsideration levels.
matters for which the representative download material from the electronic Additionally, this requirement applies
requests direct fee payment. Except folder, and upload new evidence to the only to cases under Title II or Title XVI
under the limited circumstances electronic folder in real time. Utilization of the Social Security Act (Act) in which
described in this notice, we will no of ARS has benefited both claimants and the official claim(s) folder is electronic.
longer provide compact disc (CD) copies representatives, and has improved our
In implementing this requirement, we
of the electronic folder to appointed efficiency and reduced our costs in
acknowledge a systems limitation in
representatives who request direct associating incoming medical evidence
providing electronic folder access
payment of fees. We are implementing and other information with a folder.
To ensure efficient processing, it also through ARS when a claimant has
this requirement to improve appointed multiple representatives.
administrative efficiency, ensure that is important that representatives use the
most up-to-date claims folder. Use of Currently, in multiple representative
representatives can provide the best situations, only the individual who is
possible service to claimants by using ARS to access the claims folder assists
the representative to prepare for a designated as the principal
the most up-to-date information in the representative is able to access a
claim(s) folder, and manage the hearing and also positively affects
administrative processes for both the claimant’s electronic folder through
unprecedented workload pending in the ARS. Under this mandate, if the
Office of Disability Adjudication and representative and the agency. To
illustrate, a representative who accesses principal representative requests direct
Review (ODAR). payment of fees, he or she must use ARS
a folder through ARS is able to
DATES: Effective Date: This notice is to access the electronic folder, and SSA
determine immediately whether
effective August 16, 2016. evidence he or she submitted is missing will not provide this representative CDs
FOR FURTHER INFORMATION CONTACT: from the folder, and, if the evidence is of the electronic folder upon request.
Maren Weight, Office of Disability not associated, the representative can Since non-principal representatives
Adjudication and Review, Social take steps immediately to address the cannot currently access the electronic
Security Administration, 5107 Leesburg issue, rather than later when the folder in multiples representative
Pike, Falls Church, VA 22041, (703) evidence’s absence could delay the situations, the new mandate described
605–7100, for information about this hearing. Additionally, a representative in this notice does not apply to a non-
notice. For information on eligibility or who uses ARS can immediately access principal representative. However,
filing for benefits, call our national toll- the status of cases pending at the when the mandate applies to the
free number, 1–800–772–1213 or TTY hearing and Appeals Council levels, principal representative, we will not
1–800–325–0778, or visit our Internet which saves the representative a lot of provide CDs of the electronic folder to
site, Social Security Online, at http:// time in determining status and other appointed representatives who
www.social security.gov. significantly reduces the number of associate themselves with the principal
For general information or inquiries inquiries received by ODAR offices. Due representative by using the same
about the electronic folder, please write to the unprecedented workload Employer Identification Number (EIN)
to the Office of Electronic Services and currently pending in ODAR, time and as the principal representative when
Strategic Information, 5107 Leesburg resource savings such as this are vital to requesting direct payment of fees on
Pike, Suite 1509, Falls Church, VA our operations. When a representative that case. (Representatives currently
22041. uses ARS for these types of tasks, identify case-specific EINs for direct fee
hearing office staff has more time to payment purposes via Form SSA–1695,
SUPPLEMENTARY INFORMATION: Identifying Information for Possible
perform other tasks needed to prepare
Requiring Electronic Access of the for and schedule hearings. Direct Payment of Authorized Fees).
mstockstill on DSK4VPTVN1PROD with NOTICES
Claimant’s Certified Electronic Folder Therefore, 120 days after the date of Instead, we expect these representatives
publication of this notice in the Federal to make arrangements with the principal
On September 12, 2011, we published representative to obtain copies of the
Register, we will begin mandating the
final rules that require appointed claimant’s folder, if they need to view
use of ARS at the hearings and Appeals
representatives to conduct business it. If requested, we will continue to
with us electronically at the times and 1 See 76 FR 56107 at https://www.gpo.gov/fdsys/ provide CDs of the electronic folder to
in the manner we prescribe on matters pkg/FR-2011-09-12/pdf/2011-23232.pdf. appointed representatives on the case
for which the representative requests 2 Id. who are not associated with the same
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![22698 Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Notices
EIN identified by the principal who are not eligible for or who do not fax your comments and
representative, regardless of whether request direct payment of fees in a case, recommendations on the information
these representatives request direct fee may receive a CD copy of the claimant’s collection(s) to the OMB Desk Officer
payment. electronic folder. and SSA Reports Clearance Officer at
Additionally, we acknowledge there the following addresses or fax numbers.
Additional Information
will be a few situations where case (OMB), Office of Management and
characteristics, our systems, or other Additional information is available on Budget, Attn: Desk Officer for SSA, Fax:
technology limitations preclude access our Representing Social Security 202–395–6974, Email address: OIRA_
to the electronic folder through ARS. Claimants Web site at http://www.ssa. Submission@omb.eop.gov.
For example, if a request for review is gov/representation/. Instructions for (SSA), Social Security
pending at the Appeals Council level on requesting access to the electronic folder Administration, OLCA, Attn: Reports
a prior claim, and a subsequent can be found at Clearance Director, 3100 West High
application is pending at the hearing https://www.socialsecurity.gov/ Rise, 6401 Security Blvd., Baltimore,
level, our system will not allow a representation/eFolder.htm. MD 21235, Fax: 410–966–2830, Email
representative to access one or both of Representatives can register for address: OR.Reports.Clearance@ssa.gov.
the electronic folders. Also, if a case has electronic access at https://secure.ssa. Or you may submit your comments
been closed for more than 90 days after gov/acu/IRESWeb/registration online through www.regulations.gov,
a final action or if the Appeals Council Attestation.do. referencing Docket ID Number [SSA–
establishes a new court case, an Dated: March 30, 2016. 2016–0012].
appointed representative cannot access Carolyn W. Colvin, I. The information collection below is
the electronic folder through ARS. In Acting Commissioner of Social Security. pending at SSA. SSA will submit it to
these types of situations, we will [FR Doc. 2016–08162 Filed 4–15–16; 8:45 am]
OMB within 60 days from the date of
continue to work with the this notice. To be sure we consider your
BILLING CODE 4191–02–P
representative to provide a CD copy of comments, we must receive them no
the electronic folder when requested. later than June 17, 2016. Individuals can
We will also provide an exception to SOCIAL SECURITY ADMINISTRATION obtain copies of the collection
those representatives who show that instrument by writing to the above
they are unable to register for ARS due [Docket No: SSA–2016–0012] email address.
to technological issues outside of our Statement for Determining Continuing
control or the control of the Agency Information Collection Entitlement for Special Veterans
representative (e.g., no cell phone Activities: Proposed Request and Benefits (SVB)—0960–0782. SSA
coverage available to receive text Comment Request regularly reviews individuals’ claims for
messages in the area where the The Social Security Administration Special Veterans Benefits (SVB) to
representative’s office is located). (SSA) publishes a list of information determine their continued eligibility
A representative who falls under the collection packages requiring clearance and correct payment amounts.
terms of this mandate, as described, has by the Office of Management and Individuals living outside the United
an affirmative duty to comply with this Budget (OMB) in compliance with States receiving SVB must report to SSA
requirement. We may investigate to Public Law 104–13, the Paperwork any changes that may affect their
determine if a representative violates Reduction Act of 1995, effective October benefits, such as: (1) A change in
this duty or is attempting to circumvent 1, 1995. This notice includes revisions mailing address or residence; (2) an
our rules. We may sanction a of OMB-approved information increase or decrease in a pension,
representative who does not follow collections. annuity, or other recurring benefit; (3) a
these rules, as described in 20 CFR SSA is soliciting comments on the return or visit to the United States for
404.1745–1795 and 416.1545–1595. accuracy of the agency’s burden a calendar month or longer; or (4) an
However, we will not reject or delay a estimate; the need for the information; inability to manage benefits. SSA uses
claimant’s hearing or process a claim its practical utility; ways to enhance its Form SSA–2010, to collect this
differently if a representative fails to quality, utility, and clarity; and ways to information. Respondents are
comply with this electronic access minimize burden on respondents, beneficiaries living outside the United
requirement. including the use of automated States collecting SVB.
Claimants, whether they are collection techniques or other forms of Type of Request: Revision of an OMB-
represented or not, and representatives information technology. Mail, email, or approved information collection.
Average Estimated total
Number of Frequency burden per
Modality of collection annual burden
respondents of response response (hours)
(minutes)
SSA–2010 ........................................................................................................ 1,799 1 20 600
II. SSA submitted the information 18, 2016. Individuals can obtain copies if Supplemental Security Income (SSI)
mstockstill on DSK4VPTVN1PROD with NOTICES
collections below to OMB for clearance. of the OMB clearance packages by recipients (1) met and continue to meet
Your comments regarding the writing to OR.Reports.Clearance@ all statutory and regulatory
information collections would be most ssa.gov. requirements for SSI eligibility and (2)
useful if OMB and SSA receive them 30 1. Statement for Determining are receiving the correct SSI payment
days from the date of this publication. Continuing Eligibility, Supplemental amount. SSA makes these
To be sure we consider your comments, Security Income Payment(s)—20 CFR redeterminations through periodic use
we must receive them no later than May 416.204—0960–0416. SSA conducts of Form SSA–8203–BK. SSA conducts
disability redeterminatons to determine
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Document Created: 2016-04-16 01:45:43
Document Modified: 2016-04-16 01:45:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; Implementation of requirement. | |
| Contact | Maren Weight, Office of Disability Adjudication and Review, Social Security Administration, 5107 Leesburg Pike, Falls Church, VA 22041, (703) 605-7100, for information about this notice. For information on eligibility or filing for benefits, call our national toll-free number, 1-800-772-1213 or TTY 1-800-325- 0778, or visit our Internet site, Social Security Online, at http:// www.social security.gov. | |
| FR Citation | 81 FR 22697 |
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