I-1-1-20. Authority of a Duly Appointed Representative

A. Actions a Representative May Take

A duly appointed representative may, on the claimant's behalf:

1. Obtain information about the claim which we would normally provide the claimant;

2. Examine any documents to which the claimant would have access;

3. Appear at a hearing either alone or with the claimant;

4. Present and object to the introduction of evidence;

5. Present the claimant's contentions and position on any issue;

6. Cross-examine witnesses;

7. Make statements concerning the facts and law;

8. Submit briefs or other written statements; and

9. Make any request or give any notice about the proceedings before the Commissioner.

B. Actions a Representative May Not Take

A duly appointed representative may not:

1. Sign an application for rights or benefits on behalf of a claimant, except under the criteria specified in 20 CFR §§ 404.612, and 416.315;

2. Testify in place of the claimant.

C. Contact with Claimant and Representative

1. Consistent with the claimant's authorization for the representative to act on his or her behalf, we must contact the claimant through the representative unless we have the representative's permission to contact the claimant directly.

2. We must send all administrative notices and requests for information to both the claimant and the representative as follows:

   • At the administrative adjudicatory level, i.e., ALJ hearing and Appeals Council review, direct all notices, orders, and decisions to the claimant, with a copy to the representative. During the pendency of a civil action in Federal court, send all notices, orders, and decisions to the representative with a copy to the claimant.

   • Direct all requests for information to the representative, with a copy to the claimant, unless the representative requests orally or in writing that we send them directly to the claimant.

   • Proffer evidence received after the administrative hearing directly to the representative with a copy to the claimant. (See sections I-2-5-28, Action Following Receipt of Requested Evidence, I-2-5-44, Action When Responses to Interrogatories are Received, and I-2-7-30, Proffer Procedures.)