Last Update: 10/13/11 (Transmittal I-1-62)
Citations:
Social Security Act §§ 206(a), 206(e), and 1631(d)(2)
20 CFR §§ 404.1740, 404.1745, 404.1770(a), 416.1540, 416.1545, and 416.1570(a)
The Social Security Act (Act) authorizes the Commissioner to make and publish rules and regulations that are necessary to discharge the Commissioner's duties under the Act. The Commissioner has promulgated the regulations cited above to implement the Act's provisions regarding representation of claimants.
Under the regulations, the Commissioner or his or her designee may, after due notice and opportunity for a hearing, suspend, prohibit, or disqualify from practice as a representative before the Social Security Administration (SSA) any individual who:
does not meet our qualifying requirements;
has violated the affirmative duties of a representative or engaged in actions prohibited by the Commissioner's rules and regulations;
has been convicted of a violation of section 206(a) or section 1631(d)(2) of the Act;
has been, for reasons of misconduct, suspended or disbarred from any court or bar to which the individual was previously admitted to practice; or
has been, for reasons of misconduct, disqualified from participating in or appearing before any Federal program or Federal agency.
NOTE:
Disqualification is the sole sanction available if:
a representative has been disbarred or suspended for misconduct from any court or bar to which he or she was previously admitted;
a representative has been disqualified for misconduct from participating in or appearing before any Federal program or Federal agency; or
a representative has collected or received, and retains, a fee for representational services in excess of the amount authorized by SSA.
The Commissioner or his or her designee may also refer alleged violations to the Office of the Inspector General for investigation and potential criminal prosecution or civil action.
See 20 CFR 404.1740 and 416.1540 for more information about the rules of conduct and standards of responsibility for claimant representatives.
See POMS GN 03970.010D for specific examples of failure to meet affirmative duties and engaging in prohibited conduct and GN 03970.010E for examples of criminal violations.