Many people decide to hire a representative to assist them with a Social Security disability claim. Claimants should know that when they hire a representative, either an attorney, or non-attorney representative, that representative is held to a certain standard of representation, which is identified in Social Security’s Standards of Conduct for Representatives.
- All attorney and non-attorney representatives of claimants who practice before the Social Security Administration (SSA) must comply with the Rules of Conduct and Standards of Responsibility for Representatives (Rules of Conduct) found at 20 C.F.R. § 404.1740 and 416.1540. The Rules of Conduct specify both affirmative obligations and prohibited conduct.
- If a representative violates the Rules of Conduct, is not qualified to be either an attorney or non-attorney representative under 20 C.F.R. § 404.1705 and 416.1505, or has been convicted of a violation under section 206 of the Social Security Act, SSA may file charges and initiate proceedings to suspend or disqualify that representative from acting as a representative before SSA.
- Any person who believes that an attorney or non-attorney representative has acted in a manner that violates the Rules of Conduct should promptly report that representative to an SSA field or hearing office. Allegations of representational misconduct may also be reported in writing to:
Social Security Administration
Office of the General Counsel,
Office of General Law
6401 Security Boulevard,
Room 617 Altmeyer Building
Baltimore, MD 21235
Section 205 of the Social Security Protection Act of 2004
Rules implementing section 205 of the Social Security Protection Act of 2004 (SSPA) were published in the Federal Register (71 FR 2871) on January 18, 2006. Section 205 of the SSPA amends section 206(a)(1) of the Social Security Act with respect to the recognition, disqualification and reinstatement of certain individuals as claimants’ representatives.
More information about the specific rules that makeup the Code of Conduct for Representatives click here.
