Jennifer Cronenberg, NOSSCR Senior Counsel and Director of Legal Information

If my inbox is any indication, all of you noticed that SSA did an interesting job rolling out the new Form SSA-1696. While we know the past two weeks have been a little bumpy, rest-assured, I finally have answers to your questions!

First, SSA is actively (and ongoingly) updating the FAQ on their website regarding the new Form SSA-1696 and the other elements of the entity process – so if you find yourselves with outstanding questions, I encourage you to check the FAQ.

Now to answer the main questions that I’ve received:

• Is there a grace period where the old version of Form SSA-1696 will still be accepted?
  • No. Any Form SSA-1696 dated 12/9/2024 or after MUST be on the new version of the form.
    • We pointed out that this is not reasonable given that the form was not made available until mid-morning on 12/9/2024, and the notice that prior versions would no longer be accepted was not posted until 12/10/2024; nevertheless, the policy stands that any SSA-1696 dated on or after 12/9/2024 must be on the new form.
  • HOWEVER, SSA MUST still process the old version of the 1696 if it is signed and dated prior to 12/9/2024.
    • SSA has added a NOTE to GN 03910.040(A)(2) reflecting these changes; we have asked that they add additional clarifying language to match the language used in CJB 24-02.

• Is there a moratorium on processing Form SSA-1696 at Field Offices?
  • No. Last week SSA did “slow down the processing” of SSA-1696s once they realized how widespread the confusion was. They have offered additional guidance to Field Office staff and will continue to monitor the situation, but SSA-1696s should be getting processed (albeit potentially slower than usual while the FO staff adjust to the changes).

• What happened to the disclosure language from the old SSA-1696 that authorized release of information to a representative’s staff?
  • SSA reports that “Individuals no longer have the option to opt out of these disclosures, so we do not need to collect this consent information. On February 27, 2024, we published a federal register notice 89 FR 14554 which updated the routine uses for the claims folder systems of record (60-0089) (link to agency SORNS) to include disclosure to their appointed representatives and those working with such representatives (including, but not limited to, partners, associates, and contractors) when the information pertains to the individuals whom the appointed representative is representing.“

• Are we required to list the auxiliaries and their SSNs on the SSA-1696 in order to capture those fees?
  • No, but it would be helpful if you could. Partial information is acceptable (so you can list names and not SSNs).
  • Here’s SSA’s official response: “According to policy in GN 03910.025C., representatives may be eligible for fees from any auxiliary cases that flow from the primary claimant’s (Number Holder) case. We may authorize fees to the Number Holder’s representative(s) from auxiliary benefits, such as those awarded to the Number Holder’s children, including those who do not live in the same household, when those children are not independently represented. To ensure that we timely and correctly withhold past-due benefits from any such auxiliary claimant, we request this information from the representative. Providing this information will streamline the representative’s fee payment process and improve fee payment accuracy for awards with auxiliary claimants. Representatives who do not have this information or do not wish to provide it can submit the form to us without the “Other Claimants” section completed.”

Please continue to report to me any issues that you’re seeing out in the field that don’t jive with this information and/or with the answers in SSA’s FAQ. The greater detail you can provide in your reports (date, time, FO location, name of FO worker) the better. We are grateful for your questions, your feedback, and your patience as we work to bring you answers and improvements to this process.