CPS HR Consulting
Social Security Administration

SSA LogoDirect Payment to Non-Attorney Representatives

Continuing Education Requirement

Continuing education course requirements, reporting guidelines and timelines have been updated for 2019- please review the page in its entirety.

Background

To receive direct fee payment, you must take and report to us the completion of certain continuing education courses. These courses should enhance your professional knowledge in matters related to entitlement to, or eligibility for, benefits based on disability under titles II and XVI of the Act. The continuing education courses must meet the standards that we prescribe. We select courses to enhance your professional knowledge in matters such as benefits, ethics, the listings of impairments, and other disability topics under titles II and XVI. These courses may be completed in person, online, or by reviewing written course materials. Courses must be completed and produced during the current reporting period.

Fiscal Year 2019 Continuing Education Requirement

In order to meet the continuing education requirement, EDPNAs must complete the four (4) course requirements below. You will have until September 30 of each year to complete and submit the completed course(s) for review and approval. Send confirmation to us through our email address or mailing address or secure online portal no later than September 30 of each year.

Course 1: Ethics and Professional Conduct
Complete an ethics and professional conduct course that covers topics pertinent to your representation of claimants (such as confidentiality, HIPPA, or receiving fees for representing claimants).

For a course to qualify as an ethics course, the course syllabus should indicate that the course focuses on at least one of the following criteria:
  1. The course selected focuses on our rules of conduct and standards of responsibility for representatives in 20 CFR 404.1740 and 416.1540 and related sub-regulatory guidance.
  2. The course selected focuses on maintaining a professional representative-claimant relationship and relates to the personal ethics of a representative, such as maintaining appropriate boundaries with clients.
  3. The course selected relates to disability, the Health Insurance Portability and Accountability Act (HIPAA), or receiving fees for representing claimants.

An accredited college or university, a state bar association, an organization accredited by a state bar, a government agency, or a professional organization (such as the American Bar Association, the National Organization of Social Security Claimants' Representatives, and the National Association of Disability Representatives) must provide the course(s). We will not accept course(s) or training:

  • provided by your employer.
  • completed during a previous fiscal year.
  • produced before January 1, 2018.
We reserve the right to reject a course(s) or instructor if we determine that the course or instructor is unacceptable.
NOTE: If you are unsure whether your course meets these requirements, we recommend providing a copy of the course syllabus for us to review prior to enrolling for the course.

Please take a few minutes to complete the optional end of course survey.

Course 2: Relevant Dates (Course Summary)
  • View the video: Relevant Dates
  • Read: 20 CFR 404.630 - Use of date of written statement as filing date.
  • Read: 20 CFR 404-1582 - A period of disability based on blindness.
  • Read: SSR 18-01p - Titles II and XVI: Determining the Established Onset Date (EOD) in Disability Claims.
  • Read: SSR-18-02p - Titles II and XVI: Determining the Established Onset Date (EOD) in Blindness Claims .
  • Read: POMS DI 10105.070 - Waiting Period for Disability Insurance Benefits (DIB).
  • Read: POMS DI 25501.400 - Established Onset Date (EOD) and Unsuccessful Work Attempts (UWA).
  • Read: POMS GN 00204.030 - Retroactivity for Title II Benefits.

Please take a few minutes to complete the optional end of course survey.

Course 3: Program Uniformity at the Hearing and Appeals Council Levels (Course Summary)

Please take a few minutes to complete the optional end of course survey.

Course 4: Submission of Evidence (Course Summary)

Please take a few minutes to complete the optional end of course survey.


When & How to Report Confirmation of Completing the Continuing Education Requirement

In the first quarter of each calendar year, we will announce on our website the courses you must take. You may use courses completed during the fourth quarter of the previous calendar year (October - December) to satisfy the 2019 CE requirements, however we cannot guarantee the acceptability of these courses until after the continuing education requirements have been announced as stated above. You will have until September 30 of each year to complete and submit the completed course(s) for review and approval. Send confirmation to us through our email address or mailing address or secure online portal no later than September 30 of each year. You must wait until you take all the courses before you send confirmation to us. You must provide the following information:

  • Title of course
  • Description of the course(s)
  • Date the course(s) was completed
  • The organization that provided the course

Ineligibility for Direct Pay

If you do not take the prescribed continuing education courses by September 30 and/or if you fail to provide us with the necessary proof that you completed the prescribed courses by September 30, you will be ineligible for direct fee payment for at least six (6) full calendar months, beginning December 1, 2019.

You have the opportunity to protest our finding that you have not taken and/or provided documentation of the required continuing education courses by the prescribed dates and times. If you do not protest, you will be ineligible for direct fee payment for six (6) full calendar months beginning with the month after the month the protest period ends. If you file a protest and the action we take in response to the protest confirms our earlier finding, you will be ineligible for direct payment for six (6) full calendar months beginning with the month after we uphold our finding.

After the 6-month period of ineligibility is over, you will be eligible for direct fee payment in the first month after the month you demonstrate that you meet the continuing education requirement. You may submit the required documentation at any time during or after the end of the 6-month period of ineligibility.

False or Misleading Information

If we find that you have misrepresented information about any of your continuing education courses, we may refer this information to our Office of the General Counsel for their decision about initiating a sanction action against you.