SSA Embraces the Electronic Age

September 30, 2011

Author: Louise M. Tarantino| Catherine M. Callery (Kate)

Whether it is eliminating completion of paper forms, or directing advocates to use electronic access to client information or to get direct payment, SSA is taking a very 21st century approach to the wonders of technology.

In July 2011, SSA revised its regulations to reflect that it was no longer requiring state agency personnel to complete Form SSA-538, Childhood Disability Evaluation Form, when making an initial or reconsideration decision on a child’s disability. 76 Fed. Reg. 41685 (July 15, 2011), effective upon publication.

SSA noted that it now uses “a Web-based tool that assists our adjudicators in making disability determinations in several States, and we plan to expand its use to other States. We are revising our regulation to reflect the new tool. We are not changing the requirement that State agency medical and psychological consultants must affirm the accuracy and completeness of their findings of fact and discussion of the supporting evidence, only the manner in which they may provide the required findings and affirmation. We expect that this revision will improve our efficiency by increasing our use of electronic resources.” The new rule is found at 20 C.F.R. §416.924(g).

In August 2011, SSA asked for comments on its program of online access to records before rolling it out to the general public.  The program has been available to advocates in selected locations for some months, and SSA sought comments from those users on how the system might be improved.  76 Fed. Reg. 45902 (August 1, 2011).  http://www.gpo.gov/fdsys/pkg/FR-2011-08-01/html/2011-19406.htm.

In September 2011, issued final rules that require representatives to use the agency’s electronic services on matters for which the representative requests direct fee payment. 76 Fed. Reg. 56107 (Sept. 12, 2011). http://www.gpo.gov/fdsys/pkg/FR-2011-09-12/html/2011-23232.htm.

SSA is revising its regulations to add 20 C.F.R. sections 404.1713 and 416.1513, and to amend sections 404.1740 and 416.1540, “to require that claimant representatives use our electronic services . . . on matters for which the representatives request direct fee payment. . . . We are also adding the requirement to use our available electronic services on matters for which the representative requests direct fee payment as an affirmative duty in our representative conduct rules. These revisions reflect the increased use of technology in representatives' business practices. We expect that the use of electronic services will improve our efficiency by allowing us to manage our workloads more effectively. These rules do not require claimants to use our available electronic services directly; they only require their representatives to use the services on matters for which the representatives request direct fee payment.”

These final rules are effective on October 12, 2011.