I-1-1-30.Termination of a Representative's Appointment

Last Update: 10/13/11 (Transmittal I-1-62)

A. When a Representative's Appointment Ends

The Social Security Administration (SSA) will withdraw recognition of an individual as a claimant's representative when:

  1. the claimant dismisses the representative and revokes his or her authority;

  2. the representative advises SSA that he or she has withdrawn from the case;

  3. SSA makes a final determination or decision or takes another final action on the matter that led to the representative's appointment, and the period to appeal the final determination, decision, or action ends;

  4. SSA issues a final order or decision to suspend or disqualify the representative; or

  5. the representative submits a petition for a fee that indicates that the representative's services have ended.

Program Operations Manual System (POMS) GN 03910.060 contains a full discussion of when a representative's authority expires, including situations in which the services of a representative may continue beyond the points noted above.

NOTE:

If there is reason to suspect that a representative is suspended or disqualified from representing claimants, Office of Disability Adjudication and Review (ODAR) staff may access SSA's Intranet list of sanctioned representatives. Other questions may be referred through ODAR management, consistent with I-1-1-50 A or I-1-2-81. Hearing offices should not contact the Office of the General Counsel directly. See POMS GN 03910.020B.5. for further information.

B. Claimant Revokes Representative's Appointment or Representative Withdraws

A claimant may revoke a representative's appointment at any time. A revocation must be in writing and must be signed. If a claimant orally revokes an appointment to an SSA employee, the employee must document the conversation and ask the claimant to submit a signed statement to terminate the appointment. Place copies of both documents in the claim file and update case control systems. Copies should also be placed in the Appeals Council (AC) working file if the revocation was made at the AC level. If a claimant submits a statement revoking a representative's appointment to a hearing office or the AC, staff must notify the servicing field office (FO) so they can notify the representative pursuant to POMS GN 03910.040C.

A representative may withdraw from representing a claimant at any time by notifying the claimant and SSA. The withdrawal must be in writing and signed by the representative. Place a copy of the representative's withdrawal in the claim file and update case control systems. Copies should also be placed in the AC working file if the withdrawal was made at the AC level. Notify the servicing FO of the representative's withdrawal.

NOTE:

When a claimant revokes a representative's appointment or a representative's authority has expired, do not disclose any information about the claimant's claim to the representative without the claimant's prior written consent, except to the extent necessary to help a representative file a petition for his or her services.

C. Former Representative's Fee for Services

A former representative may be authorized a fee for services he or she performed on the claimant's behalf before the date the appointment was terminated. Refer to I-1-2-53 A.