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

A. Actions a Representative May Take

A representative may, on behalf of the claimant:

• Obtain information about the claim that the Social Security Administration (SSA) would generally provide the claimant;

• Examine any documents to which the claimant would have access;

• Appear at any interview or hearing, either alone or with the claimant;

• Submit, present, or object to the introduction of evidence;

• Be informed of all additional evidence needed to support the claim(s);

• Make statements about facts and law;

• Present the claimant's arguments and position on issues in 'proceedings before SSA;

• Examine and cross-examine witnesses;

• Submit briefs or other written statements;

• Make any request or give any report or notice about the proceedings before SSA; and

• Be notified of any decision made in the claim, including, if applicable, decisions regarding auxiliary beneficiaries.

B. Actions a Representative May Not Take

A representative may not:

• 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;

• Testify at any administrative proceeding in place of the claimant;

• Change the claimant's financial institution information (e.g., direct deposit bank account) in SSA records unless otherwise authorized to do so (see POMS GN 02402.000);

• Consent to the disclosure of records on behalf of the claimant (see POMS GN 03305.006); or

• Delegate the authority to represent the claimant to anyone whom the claimant has not appointed as a representative.

C. Disclosure of Records

See Program Operations Manual System (POMS) GN 03910.025B.2 for a discussion of disclosing the records of represented or unrepresented claimants.

D. Delegation of Duties

Although an appointed representative may not delegate their authority to represent a claimant to another individual whom the claimant has not appointed, the appointed representative may delegate certain tasks to an assistant. See POMS GN 03910.025B.1. for information about what duties a representative may delegate to another individual whom the claimant has not appointed.

E. Contact with Claimant and Representative

When represented, SSA will contact the claimant through the representative unless SSA has the representative's permission to contact the claimant directly or another exception applies. If the claimant has multiple representatives, SSA will communicate only with the principal representative for all non-fee matters unless staff has permission to contact the claimant directly or another exception applies.

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

• For cases pending with the Office of Hearings Operations (OHO) or the Office of Appellate Operations (OAO), staff should direct all notices, orders, and decisions to the claimant, with a copy to the representative. When a claim is in Federal court because of a civil action, OHO and OAO staff should send all notices, orders, and decisions to the representative, with a copy to the claimant.

• OHO and OAO staff should direct all requests for information to the representative, with a copy to the claimant, unless the representative requests that these requests be directly sent to the claimant. If the representative makes an oral request for SSA to contact the claimant directly, OHO and OAO staff must annotate the record and notify the servicing field office.

• When applicable, send evidence received after the administrative hearing directly to the representative with a copy to the claimant. See Hearings, Appeals, and Litigation Law manual sections I-2-5-28, I-2-7-1, I-2-7-30, I-3-2-16, I-3-2-17, and I-4-7-15 for further instructions.

F. Contact with Entities

A representative may assign their right to direct payment of fees to an entity. An entity must register with SSA and name a point of contact (POC) before SSA will accept a representative's assignment of direct payment to that entity. In a case where a representative has assigned direct payment of their authorized fee to an entity, SSA will communicate with the POC to resolve fee discrepancies and other fee-related issues. SSA will not discuss or disclose any claim(s)-related information with the POC, except to the extent necessary to resolve fee-related matters, unless the claimant has provided written consent on a Form SSA-3288. See POMS GN 03920.021 for more information about the assignment of direct payment of fees and the roles and responsibilities of POCs.