I-1-1-60. Reinstatement of a Representative After Suspension or Disqualification

A. Period of Suspension Expired

The Social Security Administration (SSA) will automatically allow an individual to serve again as a representative in matters before the Commissioner at the end of any period of suspension.

B. Individual Disqualified or Period of Suspension Not Expired

1. After one year has elapsed from the date SSA imposed a period of suspension or a disqualification, an individual may seek reinstatement by submitting a written request for reinstatement, with any evidence the individual wants to have considered, to the Deputy Chair of the Appeals Council (AC).

2. The AC must notify the Office of the General Counsel (OGC) of the request and give OGC 30 days to provide a written report commenting on the request for reinstatement.

3. The AC will not grant the request for reinstatement unless it is reasonably satisfied that the individual will abide by the law and regulations in the future. To satisfy the burden of persuasion, the suspended or disqualified individual must clearly show that the conditions or circumstances that gave rise to the charges no longer exist, and are not likely to recur. For example, a non-attorney who was disqualified because of bad character and reputation may present affirmative proof of rehabilitation and avoidance of criminal or disreputable behavior. A representative found guilty of overcharging a claimant may present proof of full restitution to the claimant and clearly show that he or she corrected any office practices that contributed to the improper fee collection.

   NOTE:

   Section 206(a)(1) of the Social Security Act provides that if SSA disqualifies or suspends someone for collecting or receiving an unauthorized representational fee, that individual is barred from appearing before SSA as a representative until the individual makes full restitution of the unauthorized fee. Therefore, if a representative was disqualified or suspended for collecting and retaining an unauthorized fee, he or she may not represent claimants until full restitution is made.

4. The AC will provide a written notice of its decision on the request for reinstatement to the individual and to OGC.

5. If the AC does not grant the request for reinstatement, it may not consider another request until one year from the date of the previous denial.