Requiring Electronic Submission of Evidence by Certain Claimant Representatives, 62779-62781 [2020-21574]
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Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Notices
ACTION:
30-Day notice.
The Small Business
Administration (SBA) is seeking
approval from the Office of Management
and Budget (OMB) for the information
collection described below. In
accordance with the Paperwork
Reduction Act and OMB procedures,
SBA is publishing this notice to allow
all interested member of the public an
additional 30 days to provide comments
on the proposed collection of
information.
SUMMARY:
Submit comments on or before
November 4, 2020.
ADDRESSES: Comments should refer to
the information collection by title and/
or OMB Control Number and should be
sent to: Agency Clearance Officer, Curtis
Rich, Small Business Administration,
409 3rd Street SW, 5th Floor,
Washington, DC 20416; and SBA Desk
Officer, Office of Information and
Regulatory Affairs, Office of
Management and Budget, New
Executive Office Building, Washington,
DC 20503.
FOR FURTHER INFORMATION CONTACT:
Curtis Rich, Agency Clearance Officer,
(202) 205–7030 curtis.rich@sba.gov.
SUPPLEMENTARY INFORMATION:
Copies: You may obtain a copy of the
information collection and supporting
documents from the Agency Clearance
Officer.
Small Business Administration
collects this information from lenders
who participate in the secondary market
program. The information is used to
facilitate and administer secondary
market transactions in accordance with
15 U.S.C. 634(f)3 and to monitor the
program for compliance with 15 U.S.C.
639(h).
DATES:
Solicitation of Public Comments:
Comments may be submitted on (a)
whether the collection of information is
necessary for the agency to properly
perform its functions; (b) whether the
burden estimates are accurate; (c)
whether there are ways to minimize the
burden, including through the use of
automated techniques or other forms of
information technology; and (d) whether
there are ways to enhance the quality,
utility, and clarity of the information.
jbell on DSKJLSW7X2PROD with NOTICES
Summary of Information Collections:
PRA 3245–0185
Title: Secondary Participation
Guaranty Agreement.
Description of Respondents: Small
Business Lending Companies.
Form Number: SBA Forms 1502,
1086.
VerDate Sep<11>2014
23:42 Oct 02, 2020
Jkt 253001
Total Estimated Annual Responses:
4,000.
Total Estimated Annual Hour Burden:
60,000.
Curtis Rich,
Management Analyst.
[FR Doc. 2020–21979 Filed 10–2–20; 8:45 am]
BILLING CODE 8026–03–P
62779
necessary for the agency to properly
perform its functions; (b) whether the
burden estimates are accurate; (c)
whether there are ways to minimize the
burden, including through the use of
automated techniques or other forms of
information technology; and (d) whether
there are ways to enhance the quality,
utility, and clarity of the information.
PRA 3245–0376
SMALL BUSINESS ADMINISTRATION
Reporting and Recordkeeping
Requirements Under OMB Review
Small Business Administration.
30-Day notice.
AGENCY:
ACTION:
The Small Business
Administration (SBA) is seeking
approval from the Office of Management
and Budget (OMB) for the information
collection described below. In
accordance with the Paperwork
Reduction Act and OMB procedures,
SBA is publishing this notice to allow
all interested member of the public an
additional 30 days to provide comments
on the proposed collection of
information.
DATES: Submit comments on or before
November 4, 2020.
ADDRESSES: Comments should refer to
the information collection by title and/
or OMB Control Number and should be
sent to: Agency Clearance Officer, Curtis
Rich, Small Business Administration,
409 3rd Street SW, 5th Floor,
Washington, DC 20416; and SBA Desk
Officer, Office of Information and
Regulatory Affairs, Office of
Management and Budget, New
Executive Office Building, Washington,
DC 20503.
FOR FURTHER INFORMATION CONTACT:
Curtis Rich, Agency Clearance Officer,
(202) 205–7030 curtis.rich@sba.gov.
SUPPLEMENTARY INFORMATION: Copies:
You may obtain a copy of the
information collection and supporting
documents from the Agency Clearance
Officer.
Summary of Information Collections:
SBA’s Intermediary Lending Pilot
Program (ILPP) makes direct loans to
lending intermediaries for the purpose
of making loans to startup, newly
established, and growing small business
concerns. These intermediaries provide
information to SBA, which is used to
monitor disbursement of ILPP loan
proceeds, assess financial condition of
the intermediaries, and monitor
program effectiveness while minimizing
risk to the federal taxpayer.
Solicitation of Public Comments:
Comments may be submitted on (a)
whether the collection of information is
SUMMARY:
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
(1) Title: Intermediary Lending Pilot
Program Reporting Requirements.
Description of Respondents: Lending
Intermediaries.
Form Number’s: 2418, 2419.
Estimated Annual Responses: 528.
Estimated Annual Hour Burden:
2,904.
Curtis Rich,
Management Analyst.
[FR Doc. 2020–21980 Filed 10–2–20; 8:45 am]
BILLING CODE 8026–03–P
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA–2020–0027]
Requiring Electronic Submission of
Evidence by Certain Claimant
Representatives
Social Security Administration.
Notice; implementation of
requirement.
AGENCY:
ACTION:
In accordance with our rules,
we are announcing a new requirement
for representatives who request direct
fee payment. A representative must
submit all evidence electronically in
claims for Social Security disability
insurance benefits under title II of the
Social Security Act (Act), and claims for
Supplemental Security Income (SSI)
payments based on disability under title
XVI of the Act, if the representative
requests direct fee payment on that
claim; the claim or case has an
electronic folder; and the claim is
pending at the Office of Hearings
Operations (OHO) or the Appeals
Council. We expect electronic
submission of this evidence will benefit
claimants, representatives, and the
Social Security Administration by
improving our administrative efficiency
and workload management, both during
our COVID–19 health protocols and
beyond.
SUMMARY:
We will apply this notice
beginning on November 4, 2020.
DATES:
FOR FURTHER INFORMATION CONTACT:
Matthew Wright, Office of Hearings
Operations, Social Security
Administration, 5107 Leesburg Pike,
Suite 1608, Falls Church, VA 22041,
E:\FR\FM\05OCN1.SGM
05OCN1
62780
Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Notices
(703) 605–8500 for information about
this notice. For general information or
inquiries about the electronic folder,
please write to the Office of Electronic
Services and Systems Integration, 5107
Leesburg Pike, Suite 1509, Falls Church,
VA 22041. 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
https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
Background
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. (76 FR 56107). See 20 CFR
404.1713, 416.1513. At the time, we did
not require representatives to use any
specific electronic service. Rather, in the
preamble to the final rule, we stated
that, ‘‘[o]nce 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.’’ (76 FR at 56107). Since
we published that final rule, we
established two electronic services
requirements for representatives who
seek direct payment of their fees.
First, on January 31, 2012 and March
8, 2012, we published notices requiring
representatives requesting direct fee
payment to file requests for
reconsideration or requests for a hearing
by an administrative law judge for
disability claims electronically through
the internet Appeals (iAppeals) portal.
(77 FR 4653 and 77 FR 13968).
Second, on April 18, 2016, we
published a notice announcing the
requirement that, for claims with
certified electronic folders pending at
the hearing or Appeals Council levels, a
representative must access and obtain a
claimant’s folder through Appointed
Representative Services (ARS) in all
matters for which the representative
requests direct fee payment. (81 FR
22697). We implemented this
requirement to:
(1) Improve administrative efficiency
by eliminating the time-consuming task
of providing compact disc copies of the
electronic folder to representatives;
(2) Ensure that representatives
provide the best possible service to
claimants by using the most up-to-date
information in the claims folder; and
VerDate Sep<11>2014
23:42 Oct 02, 2020
Jkt 253001
(3) Manage the unprecedented
workload pending at the hearings level
and the Appeals Council.
New Requirement
Due to our COVID–19 pandemic
protocols, we need to reduce our
manual workloads, which require
physical interaction with evidence. We
are requiring appointed representatives
who request direct fee payments to
submit all evidence electronically
through Electronic Records Express
(ERE), ARS, or iAppeals in claims for
Social Security disability insurance
benefits under title II of the Act and
claims for SSI payments based on
disability under title XVI of the Act if:
(1) The representative requests direct fee
payment on that claim, (2) the claim or
case has an electronic folder, and (3) the
claim is pending at OHO or the Appeals
Council.
We are implementing this
requirement to ensure that
representatives provide the best possible
service to claimants through the use of
our electronic services, and to allow us
to effectively manage our workloads,
particularly during the COVID–19
national public health emergency. We
received approximately 14 million
pieces of paper medical evidence and 36
million pieces of electronic medical
evidence in fiscal year 2019. Submitting
evidence electronically eliminates the
need for our staff to process that
evidence and manually associate it with
the correct claims folder, promotes
administrative efficiency, reduces the
amount of paper evidence that requires
physical handling and processing by our
employees and contractors, and
minimizes errors that may occur
through manual processing. In addition,
while we planned to issue this new
requirement prior to the current
COVID–19 national public health
emergency, pursuing it now is even
more critical because contactless
transmission of evidence allows for
maximum telework flexibilities and
limits the need to handle documents
manually.
Increasing the use of the electronic
submission of evidence minimizes
manual workloads in the administrative
review process and allows us to direct
staff resources toward resolution of
cases pending, rather than toward
processing paper evidence, which
requires in-office contact with the
evidence and proximity to other
individuals.
Because this policy offers important
benefits beyond reducing the risk of
COVID–19, we plan to retain this
requirement even after the COVID–19
pandemic ends. Specifically, the ability
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
to process evidence and develop cases
electronically allows us to balance our
workloads across the country by
assigning the work to a broader network
of available staff and adjudicators. This
practice has proven successful with
reducing the hearings backlog since
2016, and will help us carry out our
mission now, while our offices currently
maximize telework, and in the future.
For more information about our ongoing
plan to manage our hearings workload,
please visit our website (https://
www.ssa.gov/appeals/), where we
provide information about the
‘‘Compassionate And Responsive
Service’’ (CARES) plan for 2016, 2017,
and 2018–2019.
The new requirement is subject to the
conditions discussed below.
Requiring Electronic Uploads for
Representatives Seeking Direct Fee
Payment
In accordance with 20 CFR 404.1713,
416.1513, as of November 4, 2020,
representatives are required to use ERE,
ARS, or iAppeals, as available, to
submit evidence electronically in claims
for disability insurance benefits under
title II of the Act and claims for SSI
payments based on disability under title
XVI of the Act, for which: (1) The
representative requests direct fee
payment, (2) the claim or case has an
electronic folder, and (3) the claim is
pending at OHO or the Appeals Council.
Although we do not require it, we also
strongly encourage representatives who
are not requesting direct payment to
submit evidence electronically through
ERE, ARS, or iAppeals.
The requirement that a representative
submit evidence electronically, as
described above, constitutes an
affirmative duty under 20 CFR
404.1740(b)(4), 416.1530(b)(4). We may
investigate to determine if
representatives have violated this duty
or are attempting to circumvent our
rules, including by having claimants
whom they represent submit their own
evidence via non-electronic means
when this requirement is applicable to
the representative. We may sanction a
representative who does not follow our
rules. 20 CFR 404.1740–1795 and
416.1540–1595. However, we will not
reject or delay a claimant’s hearing or
process a claim differently if a
representative fails to comply with this
electronic upload requirement.
We acknowledge there may be a few
situations where case characteristics,
our systems, or other limitations
preclude a representative’s ability to
submit evidence electronically. In these
situations, we will consider the
representative’s individual
E:\FR\FM\05OCN1.SGM
05OCN1
62781
Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Notices
circumstances when deciding whether
to pursue sanctions for failing to comply
with this requirement. Claimants’
representatives who are not eligible for
direct payment, and representatives
who do not request direct payment of
fees in a case may continue to submit
evidence through non-electronic means
such as mailing, faxing, hand delivering,
or sending documents to a contract
scanner. However, we strongly
encourage all representatives to submit
Additional Information
Additional information is available on
our Representing Social Security
Claimants website at https://
www.ssa.gov/representation/.
Instructions for requesting access to the
electronic folder are available at https://
www.ssa.gov/ar/. Instructions for
requesting an ERE account or submitting
evidence through ERE without an
account are available at https://
www.ssa.gov/ere/.
Our Electronic Systems
We presently operate three systems
through which users are able to upload
evidence electronically: (ERE), (ARS),
and iAppeals. A description of each
system follows in the chart below.
Available at OHO
and appeals
council levels?
Application
Purpose
Users
Electronic Records Express (ERE)
• ERE is a free web-based tool that allows users to securely upload
evidence directly to a claimant’s electronic record, either online or
by fax, using a barcode specific to that record.
• Using this tool has a number of advantages including (1) immediate fax or upload of evidence; (2) secure transfer of sensitive and
personally identifiable information..
• ARS permits an appointed representative to examine an electronic
folder online, download material from the electronic folder, and
upload new evidence to the electronic folder.
• The iAppeals application accepts both Medical (Disability) & NonMedical (Non-Disability) appeals on Title II and Title XVI denied
claims or dismissals.
• This process allows an individual to file the necessary application
to appeal the decision and submit evidence on-line.
• Evidence can be submitted with the appeal, but subsequent evidence must be uploaded via ERE or ARS.
• Representatives .........................
• Other 3rd Parties (e.g. medical
professionals, contractors).
Yes.
• Representatives .........................
Yes.
• Representatives .........................
• Individuals (Claimants).
• Other 3rd Parties.
Yes.
Appointed Representative Services
(ARS).
iAppeals ..........................................
The Commissioner of the Social
Security Administration, Andrew Saul,
having reviewed and approved this
document, is delegating the authority to
electronically sign this document to
Faye I. Lipsky, who is the primary
Federal Register Liaison for SSA, for
purposes of publication in the Federal
Register.
Faye I. Lipsky,
Federal Register Liaison, Office of Legislation
and Congressional Affairs, Social Security
Administration.
[FR Doc. 2020–21574 Filed 10–2–20; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF STATE
[Public Notice 11222]
Imposition of Nonproliferation
Measures Against Foreign Persons,
Including a Ban on U.S. Government
Procurement
Bureau of International
Security and Nonproliferation,
Department of State.
ACTION: Notice.
AGENCY:
jbell on DSKJLSW7X2PROD with NOTICES
evidence using the variety of platforms
we outlined in the background of this
notice and below.
A determination has been
made that a number of foreign persons
have engaged in activities that warrant
the imposition of measures pursuant to
Section 3 of the Iran, North Korea, and
Syria Nonproliferation Act. The Act
provides for penalties on foreign entities
SUMMARY:
VerDate Sep<11>2014
23:42 Oct 02, 2020
Jkt 253001
and individuals for the transfer to or
acquisition from Iran since January 1,
1999; the transfer to or acquisition from
Syria since January 1, 2005; or the
transfer to or acquisition from North
Korea since January 1, 2006, of goods,
services, or technology controlled under
multilateral control lists (Missile
Technology Control Regime, Australia
Group, Chemical Weapons Convention,
Nuclear Suppliers Group, Wassenaar
Arrangement) or otherwise having the
potential to make a material
contribution to the development of
weapons of mass destruction (WMD) or
cruise or ballistic missile systems. The
latter category includes (a) items of the
same kind as those on multilateral lists
but falling below the control list
parameters when it is determined that
such items have the potential of making
a material contribution to WMD or
cruise or ballistic missile systems, (b)
items on U.S. national control lists for
WMD/missile reasons that are not on
multilateral lists, and (c) other items
with the potential of making such a
material contribution when added
through case-by-case decisions.
DATES: September 23, 2020.
FOR FURTHER INFORMATION CONTACT: On
general issues: Pam Durham, Office of
Missile, Biological, and Chemical
Nonproliferation, Bureau of
International Security and
Nonproliferation, Department of State,
Telephone: (202) 647–4930. For U.S.
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
government procurement ban issues:
Eric Moore, Office of the Procurement
Executive, Department of State,
Telephone: (703) 875–4079.
SUPPLEMENTARY INFORMATION: On
September 23, 2020, the U.S.
Government applied the measures
authorized in Section 3 of the Iran,
North Korea, and Syria Nonproliferation
Act (Pub. L. 109–353) against the
following foreign persons identified in
the report submitted pursuant to Section
2(a) of the Act:
Gaobeidian Kaituo Precise Instrument
Co. Ltd (China) and any successor, subunit, or subsidiary thereof;
Luo Dingwen (Chinese individual);
Raybeam Optronics Co. Ltd. (China)
and any successor, sub-unit, or
subsidiary thereof;
Tungsten Online (Xiamen) Manu and
Sales Corp. (China) and any successor,
sub-unit, or subsidiary thereof;
Islamic Revolutionary Guard Corps
(IRGC) (Iran) and any successor, subunit, or subsidiary thereof;
Asa’ib Ahl al-Haq (AAH) (Iraq) and
any successor, sub-unit, or subsidiary
thereof;
Rosoboronexport (Russia) and any
successor, sub-unit, or subsidiary
thereof;
Al Jaysh al Sha’bi (Syria) and any
successor, sub-unit, or subsidiary
thereof;
Fifth Border Guard Regiment (Syria)
and any successor, sub-unit, or
subsidiary thereof;
E:\FR\FM\05OCN1.SGM
05OCN1
]]>Agencies
[Federal Register Volume 85, Number 193 (Monday, October 5, 2020)]
[Notices]
[Pages 62779-62781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21574]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2020-0027]
Requiring Electronic Submission of Evidence by Certain Claimant
Representatives
AGENCY: Social Security Administration.
ACTION: Notice; implementation of requirement.
-----------------------------------------------------------------------
SUMMARY: In accordance with our rules, we are announcing a new
requirement for representatives who request direct fee payment. A
representative must submit all evidence electronically in claims for
Social Security disability insurance benefits under title II of the
Social Security Act (Act), and claims for Supplemental Security Income
(SSI) payments based on disability under title XVI of the Act, if the
representative requests direct fee payment on that claim; the claim or
case has an electronic folder; and the claim is pending at the Office
of Hearings Operations (OHO) or the Appeals Council. We expect
electronic submission of this evidence will benefit claimants,
representatives, and the Social Security Administration by improving
our administrative efficiency and workload management, both during our
COVID-19 health protocols and beyond.
DATES: We will apply this notice beginning on November 4, 2020.
FOR FURTHER INFORMATION CONTACT: Matthew Wright, Office of Hearings
Operations, Social Security Administration, 5107 Leesburg Pike, Suite
1608, Falls Church, VA 22041,
[[Page 62780]]
(703) 605-8500 for information about this notice. For general
information or inquiries about the electronic folder, please write to
the Office of Electronic Services and Systems Integration, 5107
Leesburg Pike, Suite 1509, Falls Church, VA 22041. 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 https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Background
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. (76 FR 56107). See 20 CFR 404.1713,
416.1513. At the time, we did not require representatives to use any
specific electronic service. Rather, in the preamble to the final rule,
we stated that, ``[o]nce 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.'' (76 FR at 56107). Since we published that final rule,
we established two electronic services requirements for representatives
who seek direct payment of their fees.
First, on January 31, 2012 and March 8, 2012, we published notices
requiring representatives requesting direct fee payment to file
requests for reconsideration or requests for a hearing by an
administrative law judge for disability claims electronically through
the internet Appeals (iAppeals) portal. (77 FR 4653 and 77 FR 13968).
Second, on April 18, 2016, we published a notice announcing the
requirement that, for claims with certified electronic folders pending
at the hearing or Appeals Council levels, a representative must access
and obtain a claimant's folder through Appointed Representative
Services (ARS) in all matters for which the representative requests
direct fee payment. (81 FR 22697). We implemented this requirement to:
(1) Improve administrative efficiency by eliminating the time-
consuming task of providing compact disc copies of the electronic
folder to representatives;
(2) Ensure that representatives provide the best possible service
to claimants by using the most up-to-date information in the claims
folder; and
(3) Manage the unprecedented workload pending at the hearings level
and the Appeals Council.
New Requirement
Due to our COVID-19 pandemic protocols, we need to reduce our
manual workloads, which require physical interaction with evidence. We
are requiring appointed representatives who request direct fee payments
to submit all evidence electronically through Electronic Records
Express (ERE), ARS, or iAppeals in claims for Social Security
disability insurance benefits under title II of the Act and claims for
SSI payments based on disability under title XVI of the Act if: (1) The
representative requests direct fee payment on that claim, (2) the claim
or case has an electronic folder, and (3) the claim is pending at OHO
or the Appeals Council.
We are implementing this requirement to ensure that representatives
provide the best possible service to claimants through the use of our
electronic services, and to allow us to effectively manage our
workloads, particularly during the COVID-19 national public health
emergency. We received approximately 14 million pieces of paper medical
evidence and 36 million pieces of electronic medical evidence in fiscal
year 2019. Submitting evidence electronically eliminates the need for
our staff to process that evidence and manually associate it with the
correct claims folder, promotes administrative efficiency, reduces the
amount of paper evidence that requires physical handling and processing
by our employees and contractors, and minimizes errors that may occur
through manual processing. In addition, while we planned to issue this
new requirement prior to the current COVID-19 national public health
emergency, pursuing it now is even more critical because contactless
transmission of evidence allows for maximum telework flexibilities and
limits the need to handle documents manually.
Increasing the use of the electronic submission of evidence
minimizes manual workloads in the administrative review process and
allows us to direct staff resources toward resolution of cases pending,
rather than toward processing paper evidence, which requires in-office
contact with the evidence and proximity to other individuals.
Because this policy offers important benefits beyond reducing the
risk of COVID-19, we plan to retain this requirement even after the
COVID-19 pandemic ends. Specifically, the ability to process evidence
and develop cases electronically allows us to balance our workloads
across the country by assigning the work to a broader network of
available staff and adjudicators. This practice has proven successful
with reducing the hearings backlog since 2016, and will help us carry
out our mission now, while our offices currently maximize telework, and
in the future. For more information about our ongoing plan to manage
our hearings workload, please visit our website (https://www.ssa.gov/appeals/), where we provide information about the ``Compassionate And
Responsive Service'' (CARES) plan for 2016, 2017, and 2018-2019.
The new requirement is subject to the conditions discussed below.
Requiring Electronic Uploads for Representatives Seeking Direct Fee
Payment
In accordance with 20 CFR 404.1713, 416.1513, as of November 4,
2020, representatives are required to use ERE, ARS, or iAppeals, as
available, to submit evidence electronically in claims for disability
insurance benefits under title II of the Act and claims for SSI
payments based on disability under title XVI of the Act, for which: (1)
The representative requests direct fee payment, (2) the claim or case
has an electronic folder, and (3) the claim is pending at OHO or the
Appeals Council.
Although we do not require it, we also strongly encourage
representatives who are not requesting direct payment to submit
evidence electronically through ERE, ARS, or iAppeals.
The requirement that a representative submit evidence
electronically, as described above, constitutes an affirmative duty
under 20 CFR 404.1740(b)(4), 416.1530(b)(4). We may investigate to
determine if representatives have violated this duty or are attempting
to circumvent our rules, including by having claimants whom they
represent submit their own evidence via non-electronic means when this
requirement is applicable to the representative. We may sanction a
representative who does not follow our rules. 20 CFR 404.1740-1795 and
416.1540-1595. However, we will not reject or delay a claimant's
hearing or process a claim differently if a representative fails to
comply with this electronic upload requirement.
We acknowledge there may be a few situations where case
characteristics, our systems, or other limitations preclude a
representative's ability to submit evidence electronically. In these
situations, we will consider the representative's individual
[[Page 62781]]
circumstances when deciding whether to pursue sanctions for failing to
comply with this requirement. Claimants' representatives who are not
eligible for direct payment, and representatives who do not request
direct payment of fees in a case may continue to submit evidence
through non-electronic means such as mailing, faxing, hand delivering,
or sending documents to a contract scanner. However, we strongly
encourage all representatives to submit evidence using the variety of
platforms we outlined in the background of this notice and below.
Additional Information
Additional information is available on our Representing Social
Security Claimants website at https://www.ssa.gov/representation/.
Instructions for requesting access to the electronic folder are
available at https://www.ssa.gov/ar/. Instructions for requesting an
ERE account or submitting evidence through ERE without an account are
available at https://www.ssa.gov/ere/.
Our Electronic Systems
We presently operate three systems through which users are able to
upload evidence electronically: (ERE), (ARS), and iAppeals. A
description of each system follows in the chart below.
----------------------------------------------------------------------------------------------------------------
Available at OHO and
Application Purpose Users appeals council levels?
----------------------------------------------------------------------------------------------------------------
Electronic Records Express (ERE).. ERE is a free web- Yes.
based tool that allows Representatives.
users to securely upload Other 3rd
evidence directly to a Parties (e.g.
claimant's electronic medical
record, either online or professionals,
by fax, using a barcode contractors)..
specific to that record.
Using this tool
has a number of
advantages including (1)
immediate fax or upload
of evidence; (2) secure
transfer of sensitive and
personally identifiable
information..
Appointed Representative Services ARS permits an Yes.
(ARS). appointed representative Representatives.
to examine an electronic
folder online, download
material from the
electronic folder, and
upload new evidence to
the electronic folder.
iAppeals.......................... The iAppeals Yes.
application accepts both Representatives.
Medical (Disability) & Individuals
Non-Medical (Non- (Claimants)..
Disability) appeals on Other 3rd
Title II and Title XVI Parties..
denied claims or
dismissals.
This process
allows an individual to
file the necessary
application to appeal the
decision and submit
evidence on-line.
Evidence can be
submitted with the
appeal, but subsequent
evidence must be uploaded
via ERE or ARS.
----------------------------------------------------------------------------------------------------------------
The Commissioner of the Social Security Administration, Andrew
Saul, having reviewed and approved this document, is delegating the
authority to electronically sign this document to Faye I. Lipsky, who
is the primary Federal Register Liaison for SSA, for purposes of
publication in the Federal Register.
Faye I. Lipsky,
Federal Register Liaison, Office of Legislation and Congressional
Affairs, Social Security Administration.
[FR Doc. 2020-21574 Filed 10-2-20; 8:45 am]
BILLING CODE 4191-02-P
