[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Rules and Regulations]
[Page 13968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5673]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket No. SSA-2011-0094]
Requiring Electronic Filing of Select Appeals by Certain Claimant
Representatives
AGENCY: Social Security Administration.
ACTION: Revised notification of implementation of requirement.
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SUMMARY: We are revising the Notification of implementation of
requirement we published on January 31, 2012 (77 FR 4653). We are
clarifying the requirement that appointed representatives file certain
appeals using our electronic systems in matters for which the
representatives request direct fee payment. Specifically, we are
clarifying that the electronic filing requirement includes both the
submission of the forms we require to file the appeal request and the
Disability Report--Appeal. This is the first service required under the
regulation we published on September 12, 2011 (76 FR 56107), Requiring
Use of Electronic Services.
DATES: The effective date of this revised notification of
implementation of requirement is March 16, 2012.
FOR FURTHER INFORMATION CONTACT: Joann S. Anderson, Social Security
Administration, Office of Income Security Programs, 6401 Security
Boulevard, Baltimore, MD 21235-6401, (410) 965-6716.
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.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Requiring Electronic Filing of Appeals
On September 12, 2011, we published final rules that require
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. At the time, we did not require
representatives to use any specific electronic service. Rather, in the
preamble to the final rule (76 FR 56107), we stated that, ``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.'' We also said
in the preamble that we would adjust the burden for affected Office of
Management and Budget (OMB) approved collections before requiring
representatives to use the collections' electronic versions. We
published notices on December 1, 2011 (76 FR 74838) and January 31,
2012 (77 FR 4857) concerning the burden adjustment for the affected
electronic services under OMB No. 0960-0144, Disability Report-Appeal,
OMB No. 0960-0269 (Request for Hearing by Administrative Law Judge),
and OMB No. 0960-0622, Request for Reconsideration.
On January 31, 2012, we published a notification of implementation
of requirement in the Federal Register providing information about the
first required electronic service under the final rules that we
published in September 2011. We are now clarifying that requirement.
As of March 16, 2012, we will begin mandating electronic filing of
certain appeals in each matter in which a representative requests
direct payment of the authorized fee. This electronic filing
requirement includes the filing of a request for reconsideration or for
a hearing by an administrative law judge for disability claims under
title II of the Social Security Act (Act) or Supplemental Security
Income claims based on disability or blindness under title XVI of the
Act denied for medical reasons. To satisfy this electronic filing
requirement, the representative must submit both the request for
reconsideration or hearing and the electronic Disability Report--
Appeal, using our Internet Appeals web portal found at
www.socialsecurity.gov. The Internet Appeals web process utilizes
electronic versions of OMB's approved information collection
instruments: the Request for Reconsideration (OMB No. 0960-0622), the
Request for Hearing by Administrative Law Judge (OMB No. 0960-0269),
and the Disability Report--Appeal (OMB No. 0960-0144).
A representative has an affirmative duty to comply with this
requirement. We may investigate to determine if a representative
purposefully violated this duty or is attempting to circumvent our
rules. We may sanction a representative who does not follow these
rules. However, we will not reject or delay a claimant's request or
process it differently if a representative fails to comply with this
electronic filing requirement.
Claimants, whether they are represented or not, and representatives
who are not eligible for or who do not request direct fee payment on a
matter, may continue to file all appeal requests either electronically,
on paper, or in any manner we prescribe.
Additional Information
Additional information is available on our Representing Claimants
Web site at http://www.ssa.gov/representation/or it can be obtained by
writing to: Social Security Administration, Office of Public Inquiries,
Windsor Park Building, 6401 Security Boulevard, Baltimore, MD 21235.
(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social
Security-Disability Insurance; 96.002, Social Security-Retirement
Insurance; 96.004, Social Security-Survivors Insurance; and 96.006,
Supplemental Security Income)
Dated: March 5, 2012.
Michael J. Astrue,
Commissioner of Social Security.
[FR Doc. 2012-5673 Filed 3-7-12; 8:45 am]
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