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SSA to alter records system for claimants' representatives

The Social Security Administration is expanding and altering a record keeping system for claimants' representatives that it created three years ago for the purpose of facilitating the collection and maintenance of data needed for the verification and issuance of 1099-MISC information returns for reporting purposes, as well as for the reporting and collection of delinquent debts that may arise from payments to representatives. (See the story in Report Letter 609, dated August 7, 2006.) The system of records is currently known as the Attorney and Eligible Direct Pay Non-Attorney (EDPNA) 1099-MISC File. The changes expand the SSA's ability to provide online services for representatives and will also update the records system to reflect the agency's new policy, beginning in 2010, to allow claimants to hire a firm, rather than a single individual. The altered system of records is set to become effective on November 6, 2009, barring any comments received in advance of that date that would compel a date change

What changes are being proposed?

The SSA is proposing five major changes to the records system, all of which are listed below:

• Change the system of records name from the Attorney and Eligible Direct Pay Non-Attorney (EDPNA) 1099-MISC File to the Appointed Representative File.
• Expand the purpose for the Appointed Representative File system of records to allow the SSA to collect, maintain, and use information covered by the system of records to administer activities ( e.g., authentication, registration, payment, monitoring and termination of appointment) of appointed representatives.
• Expand the category of persons covered by the system of records to include nonprofessional persons (e.g., a friend, neighbor or minister). In 2010, the SSA will expand the category of persons further to include firms and other professional entities as representatives.
• Expand the category of records the SSA maintains in the system to include the representative's date of birth, cell phone information, and assigned representative identification number.

Add the SSA's data protection routine use to the system of records to allow it to release information to appropriate entities, persons, and federal, state, and local agencies when the agency suspects or confirms an unauthorized release of personally identifiable information.

In addition to the above, the system will contain information about a representative's legal standing and business affiliations, including bar and court information, disqualifications or suspensions, date the appointment was signed, termination of service date and type of business affiliation (sole proprietor, single member Limited Liability Company or partnership, or salaried employee).

The SSA will use this information, in part, to “provide comprehensive online services for representatives who wish to perform service of behalf of … claimants.”

Comments solicited

Individuals who wish to comment on the proposed changes should write to the contact person listed in the SSA's notice prior to the proposed effective date of November 6, 2009. The full text of the notice, as published in the October 8, 2009, issue of the Federal Register (74 Fed. Reg. 51940) appears in this week's Report ( ¶14,434C).

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For More Information

The Unemployment Insurance Reporter with Social Security provides complete coverage of federal and state unemployment insurance programs, with Social Security, including full-text of laws and regs, court decisions, and administrative rulings. Learn more.