Section 3 of the Social Security Disability Applicants Access to Professional Representation Act (PRA) of 2010, Public Law (Pub.L.) 111-142, enacted on February 27, 2010 permanently extends the direct payment provision of Section 303 of the Social Security Protection Act (SSPA) of 2004, Pub.L. 108-203. The PRA permits the Social Security Administration (SSA) to extend direct payment of approved fees from claimants' past-due benefits to certain non-attorney representatives. The PRA, as did the SSPA, requires us to collect the information needed to determine if applicants have satisfied the prerequisites. Under the SSPA, we used the Social Security Administration Non-Attorney Representative Demonstration Project Application to collect applicants' prerequisite information. We are revising the application to comply with the PRA and the Revisions to Direct Fee Payment Rules (RIN 0960-AH21).
To help us determine whether an applicant has fulfilled the statutory prerequisites and regulatory requirements of the PRA, we collect the following items from applicants:
1) A signed criminal background form, from all applicants, that allows us to conduct criminal background checks;
2) the examination document and score for applicants who take the examination,
3) professional or business liability insurance policies from applicants who pass the examination;
4) official college transcripts from applicants who pass the examination and possess a bachelor's degree or higher (high school transcripts, diplomas, or GED certificates and proof (e.g., Internal Revenue Service Form W-2(s) and wage and tax statement(s)) of relevant professional experience from applicants who pass the examination, but do not possess a bachelor's degree or higher)
5) email messages, from eligible non-attorneys, that certify the completion of a required continuing education course.
We require applicants to submit their application forms directly to a contractor we hired to assist with the management of the prerequisites for direct payment. Every year, the contractor evaluates the applications, conducts verification investigations, and issues recommendations to us regarding applicants' eligibility to sit for the examination and eligibility to receive direct payment. The respondents are non-attorneys who want to receive direct payment of their fees for representational services before SSA.
We are making non-substantive changes for clarity and to make signature field fillable.
PL:
Pub.L. 111 - 142 3
Name of Law: Social Security Disability Applicants Access to Professional Representation Act of 2010
PL:
Pub.L. 108 - 203 205 and 303
Name of Law: Social Security Protection Act of 2004
When we last cleared this IC in 2017, the burden was 2,065 hours. However, we are currently reporting a burden of 4,179 hours. This change stems an increase in the number of responses from 976 to 2,091. There is no change to the burden time per response. Although the number of responses changed, SSA did not take any actions to cause this change. These figures represent current Management Information data.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form SSA-1691 Eligible Non-Attorney Representative
Justification for the Non-Substantive Changes 0960-0699.docx
New and Existing Respondents - Continuing Education Submission