Form SSA-1696: Appointing a Representative

Form SSA-1696 is the administrative document generally used to appoint an attorney or other qualified individual to represent you before the Social Security Administration. Under 20 CFR 404.1707, an appointment must be made in a writing signed by both the claimant and representative and filed with SSA. Once SSA recognizes the appointment, the representative may perform authorized activities such as reviewing claim information, submitting evidence, and communicating with agency staff on your behalf.

Hiring a representative to assist with an SSDI appeal can be an important step in managing a disability claim. However, signing a private representation or fee agreement with a law firm does not by itself complete SSA's appointment process. The Social Security Administration (SSA) requires the appointment to be documented and filed with the agency before it recognizes the individual as your representative. This guide explains the purpose of Form SSA-1696, its procedural requirements, and how an appointment may affect your appeal.

The Legal Purpose and Authority of Form SSA-1696

The requirement to file a written appointment is set out in 20 CFR 404.1707 and SSA's rules governing the appointment and recognition of representatives.

Federal privacy laws, including the Privacy Act of 1974 at 5 U.S.C. 552a, generally restrict federal agencies from disclosing personal records to third parties without consent or another lawful basis. Until SSA receives and recognizes a valid appointment or other appropriate authorization, agency staff may be unable to discuss protected claim information with a prospective representative or provide access to the claimant's electronic folder.

Once SSA recognizes the appointment, the representative may exercise the authority described in 20 CFR 404.1710, subject to SSA's rules and any limits stated in the appointment. Under 20 CFR 404.1715, SSA generally sends a representative copies of notices and requests sent to the claimant concerning the proceeding, although the regulation contains exceptions and does not eliminate the claimant's responsibility to monitor the case.

Who Can Be Appointed as a Representative?

Under 20 CFR 404.1705, claimants may appoint an attorney or a qualified non-attorney representative:

• Attorneys: An attorney who meets SSA's regulatory requirements, including admission in good standing before the highest court of a state, territory, island possession, or the District of Columbia, may serve as a representative unless prohibited from doing so.
• Non-Attorney Representatives: A person who meets SSA's character, reputation, capability, and eligibility requirements may serve as a non-attorney representative. Some non-attorney representatives separately qualify for direct payment of authorized fees by meeting additional statutory and SSA requirements.

SSA may suspend or disqualify a representative for violations of its requirements, rules, or standards under 20 CFR 404.1745.

Detailed Section-by-Section Breakdown of Form SSA-1696

Form SSA-1696, Claimant's Appointment of a Representative, contains sections for information and declarations needed to document an appointment. Because SSA may revise the form, claimants and representatives should follow the labels and instructions on the current version available free from SSA at ssa.gov.

Section 1: Claimant Information

The claimant-information portion requests identifying and contact information needed to connect the appointment with the correct claim or matter. Depending on the claim, SSA may request information about another person whose earnings record or benefits are involved. Complete only the fields required by the current form and its instructions.

Section 2: Representative Information

The representative-information portion requests the representative's name and contact details. A representative who is registered with SSA may also need to provide the identification information SSA uses to associate the appointment with the representative's agency record.

Section 3: Basis of Appointment and Fee Arrangement

The form asks for information about the representative's status and whether the representative intends to charge a fee. Any fee agreement or fee petition is separate from the appointment itself and remains subject to SSA approval. Under 20 CFR 404.1725, a representative seeking approval through the fee-petition process must submit a written request containing specified information about the services provided.

Section 4: Claimant Signature and Authorization

The claimant must sign and date the applicable appointment and authorization provisions. The current form should be reviewed carefully because it explains the information SSA may disclose and allows the claimant to specify the matter covered by the appointment or any permitted limitations.

Section 5: Representative Acceptance

The representative must sign the applicable acceptance provisions. By accepting the appointment, the representative confirms the appointment and agrees to comply with SSA's requirements. Qualification requirements appear in 20 CFR 404.1705, and the rules of conduct and standards of responsibility appear in 20 CFR 404.1740.

Section 6: Affiliation and Principal Representative

The current form may request information about the representative's firm, organization, affiliations, or designation in cases involving more than one representative. Listing a firm employee or affiliated person does not automatically appoint that person as a representative; each representative must satisfy SSA's appointment requirements. Support staff may assist with administrative tasks but do not acquire a representative's authority merely through employment by the same firm.

Procedural Powers Granted to Your Representative

A representative recognized by SSA may perform activities authorized by 20 CFR 404.1710. Depending on the proceeding and the representative's access credentials, those activities may include:

• Electronic Folder Access: An appointed representative may be able to inspect or obtain claim records through SSA systems such as Appointed Representative Services or Electronic Records Express. Access depends on SSA's registration, authorization, security, and case-processing requirements.
• Initiating Formal Appeals: Within the authority allowed by SSA's rules, a representative may help prepare, sign, or submit appeal requests and related documents. Common appeal forms include Form SSA-561 for reconsideration, Form HA-501 for an administrative law judge hearing, and Form HA-520 for Appeals Council review.
• Managing Hearing Evidence: A representative may gather and submit evidence, prepare written arguments, and request subpoenas where appropriate. The deadline for informing SSA about or submitting written evidence before an administrative law judge hearing is addressed in 20 CFR 404.935, subject to the regulation's stated exceptions. Subpoena requests are governed by 20 CFR 404.950(d).
• Participating in Hearings: A representative may appear with the claimant at an administrative hearing, question the claimant and witnesses, respond to expert testimony, and present arguments within the administrative law judge's procedures.

Submission Methods: Paper Form vs. Electronic e1696

SSA provides paper and electronic methods for completing or submitting an appointment. Available methods and processing procedures may change, so claimants should consult the current SSA form instructions or contact the office handling the claim.

Paper Submission

The paper method involves completing the current Form SSA-1696, obtaining the required signatures, and submitting it to the SSA office handling the claim or appeal. SSA's current instructions should be followed for delivery by mail, fax, upload, or another accepted method. Processing time varies by office, workload, and whether the submission is complete and matched to the correct record.

Electronic Form e1696

SSA also offers an electronic appointment process commonly called e1696. In that process, the representative generally begins the electronic submission and the claimant receives instructions for reviewing and electronically signing the appointment.

After the required participants complete their portions, SSA receives the electronic submission for processing. Electronic transmission may avoid mailing time, but it does not guarantee immediate recognition or a particular processing time. Claimants and representatives should confirm that SSA has associated the appointment with the correct claim, especially when an appeal deadline or hearing is approaching.

Changing, Discharging, or Revoking a Representative

A claimant may decide to end an appointment or appoint a different representative during a claim or appeal. SSA generally requires written notice identifying the claimant and representative and clearly stating that the appointment has ended.

A claimant may revoke a representative's authority by submitting a signed written notice to SSA. The notice should be sent to the office handling the claim or appeal, and the claimant should retain proof of submission. Appointing a new representative does not necessarily terminate every prior appointment unless SSA is clearly informed which appointments remain in effect.

A representative may also withdraw. SSA's conduct rules require representatives to provide prompt notice when withdrawing and prohibit withdrawal at a time or in a manner that could disrupt the orderly processing of a claim without adequate steps to protect the claimant's interests.

Ending an appointment does not automatically resolve responsibility for fees. A former representative may seek SSA authorization for a fee based on services already performed, including through the fee-petition process described in 20 CFR 404.1725. Whether SSA withholds past-due benefits or authorizes payment depends on the applicable fee process, direct-payment eligibility, and the facts of the claim.

Frequently Asked Questions

What is the purpose of Form SSA-1696? Form SSA-1696 notifies SSA that you have appointed an attorney or other qualified representative to act on your behalf under 20 CFR 404.1707.

Can a representative look at my medical records without Form SSA-1696? SSA generally requires a valid appointment or other appropriate authorization before giving a representative access to protected claim records. Privacy and disclosure rules may permit access in other limited circumstances.

Can I revoke or change my representative after submitting Form SSA-1696? Yes. You may revoke an appointment by notifying SSA in writing. Appointing a new representative does not necessarily resolve any fee claim asserted by a former representative.

This article provides general information about Social Security Disability Insurance rules and is not legal advice. Program regulations, appeal procedures, forms, and administrative guidance can change. Consult a qualified representative or contact the Social Security Administration directly for guidance regarding your individual claim.