Social Security’s rules can be full of contradictions and one rule, the “wet ink,” rule, which requires a claimant’s wet signature on documents when the claimant is being assisted by an authorized representative, is a large contradiction for Social Security. The “wet ink” rule is not a requirement for claimants who do not have an attorney or authorized representative, so why two different rules for those who have representatives and those who do not?
This rule interferes with a representative’s ability to do their job. We are in the middle of the COVID-19 pandemic where obtaining wet signatures is now even more difficult when offices remain closed to the public and face-to-face contact is not advised. Most representatives and their clients have to do business over the phone, through email or online. The idea that this rule is unfair and seems to discourage a claimant from seeking representation has not gone unnoticed and now the rule is being challenged.
The United Spinal Association filed a complaint in federal court challenging the “wet ink” rule. The complaint, according to a press release issued by the United Spinal Association August 18, 2020, calls the rule unlawful and claims it interferes with disability claimant’s rights to pursue disability benefits.
“The SSA has chosen to selectively comply with or ignore the laws related to electronic signatures and documents and the right to representation. It has created and reinforced unnecessary barriers for those who legitimately need and seek assistance from third parties in obtaining disability benefits,” said James Weisman, United Spinal’s president and CEO.
Challenging this rule may seem like a big step especially when you are talking about filing a complaint in federal court, but Weisman and other advocates with the United Spinal Association see the “wet ink” rule as a way of Social Security denying claimants representation and legal representation in a Social Security disability case can be the difference between winning and losing a case for disability benefits.
“The success rate of Social Security Disability Insurance applicants is almost tripled when they are represented by attorneys and professional representatives than when they apply without a representative. Individuals applying for Social Security Disability can legally use a representative familiar with the process to ensure success. Why then, in this time of COVID-19, does the SSA confront applicants who wish to use a representative with hurdles to overcome that it does not impose on the unrepresented?,” added Weisman.
