Last Update: 5/19/05 (Transmittal I-1-50)
Citations:
Social Security Act §§ 206(a), (b) and (c), and 1631(d)(2),
20 CFR §§ 404.1700 - 404.1799, and 416.1500 - 416.1599,
A person claiming a right or benefit under titles II, XVI, and XVIII of the Social Security Act (the Act), as amended, may appoint an attorney or other qualified individual to represent him or her in dealings with the Social Security Administration (SSA). If a claimant is declared legally incompetent, a duly appointed legal guardian may appoint a representative to pursue the claimant's rights before SSA. Also, parents may appoint a representative for a minor child unless the child is receiving benefits on his or her own behalf.
Section 206(a) of title II of the Act delegates broad authority to the Commissioner of Social Security to prescribe rules and regulations governing the recognition of attorneys and persons other than attorneys in representing claimants before SSA. The statute also specifically authorizes the Commissioner to suspend or disqualify from further practice before SSA any person who does not comply with applicable rules and regulations.
20 CFR §§ 404.1706 and 416.1506 require that if a claimant is not represented by an attorney and SSA makes a determination or decision that is subject to the administrative review process and does not grant all of the benefits or other relief the claimant requested or that adversely affects any entitlement to benefits that SSA established or may establish for the claimant, SSA will include with the notice of that determination or decision information about the claimant's options for obtaining an attorney to represent the claimant in dealings with SSA. SSA must also advise the claimant that a legal services organization may provide the claimant with legal representation free of charge if the claimant satisfies the qualifying requirements applicable to that organization.