November 7, 2008

Michael J. Astrue

Commissioner of Social Security

Social Security Administration

P.O. Box 17703

Baltimore, MD 21235-7703

Filed at: [www.regulations.gov](http://www.regulations.gov/)

**Re: Docket No. SSA-2007-0068, Revisions to Rules on Representation of
Parties**

Dear Commissioner Astrue:

Please accept these comments regarding the proposed regulations
published in the Federal Register on September 8, 2008, entitled,
"Revisions to Rules on Representation of Parties".

Allsup is the single largest non-attorney entity providing Social
Security disability claim representation services nationally. Founded in
1984, we have helped more than 110,000 individuals obtain benefits. In
2008, we will have assisted approximately 26,000 individuals and
currently have more than 17,000 claims pending with Social Security. We
provide services to disabled applicants directly and at the request of
insurance companies, employers, and other third parties.

We support the sprit and intent of the regulations as outlined in the
Federal Register. We are especially supportive of several changes that
better reflect current practices and recognize the expanding role of
technology. These include using a single 1696 for the duration of
representation, allowing representatives to make greater use of the
online disability application, and requiring that appeals be submitted
electronically. We are more than willing to absorb the additional
workload required to take these positive steps.

Please also consider the following suggestions for improvement:

**Multiple Representatives and the Role of a Principal Representative**

Claimants continue to be permitted to appoint multiple representatives,
but it is important to realize that these situations currently are not
handled easily by Social Security. The resulting confusion distracts all
involved and adds to the agency's workload. Steps should be implemented
to notify, preferably electronically, all representatives and/or
entities when another representative and/or entity is on file,
appointed, or withdraws. Automated, electronic communications would be
valuable and cost little or nothing. These communications should occur
regardless of the relationship between entity and principal
representative.

Requiring a principal representative to disseminate SSA information and
requests is risky and would undoubtedly have occasional, but serious,
consequences to individual claimants. The redundancy of the current
system provides important safeguards and is something that should be
retained and eventually supplemented by electronic notifications.
Claimants should continue to be copied on all requests and notices from
SSA because of the importance and time-sensitive nature of the
information.

**The Role of a Professional Representative**

My firm makes use of SSA's electronic interfaces hundreds of times each
day. We have made considerable investments in technology and training
over the years and intend to continue to be an early adopter of new
applications, as they are made available. However, you will likely
encounter a significant amount of resistance to these proposals due to
the wide variations in type and size of representatives' organizations.
Small to medium-sized firms and those working in a variety of other
legal areas may have difficulty complying with the regulations as
written. An alternative certification for entities based on size may
help achieve the desired goals. A nationwide entity with hundreds of
employees specializing in representing disabled applicants can be held
to a different standard. That same entity also will have different needs
with respect to the registration process.

Details regarding the documentation required when a representative
experiences systems errors are also called for. "Some type of
documentation" is vague and left open for a wide range of
interpretations.

**Access Registration**

The suggested changes outlined in this section provided somewhat limited
information. Additional information regarding registration and updates
would be helpful. Consider clarifying the "electronic media" that will
be used. Is this through the Internet? Who can access? Security? It will
be imperative that updates regarding the names and access levels of
employees be processed promptly to avoid disruption or harm to the
claimant.

Additional definition specifying who must register is also necessary.
Many of our employees are not directly involved in providing
representation (i.e. accountants, programmers, receptionists) while
others support those providing representation more closely (i.e.
administrative assistants, case analysts).

These steps and the linkages created by the expanded use of form 1696
provide additional opportunities to improve communication between SSA
and representatives. We encourage the agency to expand electronic
information exchanges to include, but not be limited to, status updates,
decisions, questionnaires, and consultative exam notices.
Representatives preferring these electronic notices to paper could be
provided the option to "opt in" during registration.

**New Requirements to Use Form SSA-1696 to Appoint or Revoke the
Appointment of a Representative and to Waive a Fee, Direct Payment of a
Fee, or Both**

Expanding the use of form SSA-1696 seems logical. By closely
coordinating these changes with those outlined in the proposed rules on
authorization of representative fees (Docket No. SSA-2008-0030),
representatives could be provided a single electronic location to
provide key information. The online 1696 should allow a representative
to indicate their attorney or non-attorney status, participation (or
lack thereof) in the direct fee payment demonstration, waive fees
(entirely or just to claimant), or communicate that a situation making
authorization of a fee unnecessary exists.

The necessity of requiring a claimant's original signature on the
SSA-1696 also should be considered carefully. Representatives should be
allowed to accept faxed or other electronic forms of 1696s from
claimants. Among other things, the claimants would have greater
flexibility when appointing and changing representatives. Also, the use
and acceptance of electronic and other "non-original" signatures for a
wide variety of financial and other transactions is now commonplace.

The upcoming electronic process should include electronic
acknowledgments of 1696 receipt. By providing representatives clear and
timely communications, SSA will reduce the work required by all parties
to resolve confusion relating to representative authority, fees, etc.
The regulations should also make it clear that a representative can
withdraw from a case without the claimant's consent or written
authorization, as is currently permitted.

**New Affirmative Duties for Representatives**

This section should include a statutory time period for retaining paper
copies. A time frame of 180 days from final adjudication would extend
beyond the expiration of the appeal period and, in all likelihood, the
performance of any representational duties. If storage is required
beyond 180 days, consider permitting storage in electronic format for
some finite period.

Finally, we suggest a more thorough definition of those who perform "all
representational services" for the same reasons outlined above under
'Access Registration'.

Thank you for considering my comments and suggestions. I would be more
than willing to elaborate on these points or provide further assistance.
In addition, you may contact Mike Stein, Assistant Vice President
Operations, directly at (618) 235-5571.

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James F. Allsup Inc.

President & Chief Executive Officer