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

Last Update: 12/9/24 (Transmittal I-1-107)

A. When a Representative's Appointment Ends

The Social Security Administration (SSA) will no longer recognize an individual as a claimant's representative when:

  • The claimant revokes the representative's appointment;

  • The representative withdraws from representing the claimant in the case;

  • 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 (i.e., generally 60 days from the date the claimant receives the notice(s), or 30 days after the notice in a final agency decision after a court remand);

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

  • The representative submits a petition for a fee that indicates the representative's services have ended (see, however, Hearings, Appeals, and Litigation Law (HALLEX) manual I-1-2-53 B., NOTE and I-1-2-56 A.3., which address prematurely-filed fee petitions); or

  • The representative dies.

Program Operations Manual System (POMS) GN 03910.060C discusses situations in which the services of a representative may continue after SSA completes its final action in a particular matter.

NOTE 1:

The Registration, Appointment and Services for Representatives (RASR) application alerts agency employees when a representative is suspended or disqualified from representing claimants before SSA. Other questions concerning a representative's conduct may be referred to the Office of the General Counsel (OGC) through the Office of Hearings Operations (OHO) or the Office of Appellate Operations (OAO) management, consistent with HALLEX I-1-1-50 or I-1-2-81. OHO and OAO staff should not contact OGC directly.

NOTE 2:

For technical guidance on using RASR, OHO staff should refer to Standard Hearings Operations Procedure (SHOP) section 1.3.5.6, and OAO staff should consult the OAO RASR reference site.

B. Claimant Revokes Representative's Appointment

A claimant, a parent of a claimant under age 18, a legal guardian for a claimant declared legally incompetent, or an affected auxiliary beneficiary (or their parent or legal guardian) for their own representation, may revoke a representative's appointment at any time, but the revocation must be in writing, dated, and signed by the affected individual. For convenience, the claimant or other appropriate individual may use the optional Form SSA-1696-SUP1 (Claimant's Revocation of the Appointment of a Representative).

NOTE:

If a claimant or other individual attempts to revoke an appointment by orally stating the revocation to OHO or OAO staff, staff must document the conversation using Form SSA-5002, Report of Contact (ROC), and request that the claimant or other individual submit a written, dated, and signed statement to revoke the appointment. Staff will ensure that copies of both documents are added to the claim(s) file.

C. Representative Withdraws Representation

1. Responsibilities of the Withdrawing Representative

Under 20 CFR 404.1740 and 416.1540, a representative may only withdraw, without violating the Rules of Conduct and Standards of Responsibility for Representatives, at a time and in a manner that does not disrupt the processing or adjudication of a claim and that provides the claimant adequate time to find new representation, if desired. A representative can only withdraw their own representation. They cannot withdraw representation by other representatives either on the same case or other cases, even if they are affiliated with the same firm or entity. For convenience, representatives may use the optional Form SSA-1696-SUP2 (Representative's Withdrawal of Acceptance of an Appointment).

Although SSA staff and adjudicators will not prevent a representative from withdrawing, they may refer the representative to OGC if the representative withdraws in a manner that disrupts the processing or adjudication of a claim. A representative who withdraws after OHO schedules a hearing may be in violation of this affirmative duty unless the representative can show that the withdrawal is necessary due to extraordinary circumstances. These circumstances are determined on a case-by-case basis. Examples of extraordinary circumstances include:

  • A medical emergency affecting the representative or an immediate relative;

  • A natural disaster; or

  • The loss of a family member.

The representative will notify the claimant and SSA, preferably the hearing office that scheduled the hearing, in writing and must date and sign the withdrawal notice. OHO or OAO staff will document the representative's withdrawal as described in subsection D of this section. If there is evidence that the conditions for timely withdrawal are not satisfied, OHO or OAO staff may refer the potential violation of the Rules of Conduct and Standards of Responsibility for Representatives to OGC following the procedures in HALLEX I-1-1-50.

NOTE:

If a representative attempts to orally withdraw representation or does not date and sign the statement withdrawing representation, staff must request that the representative submit a written, dated, and signed statement to withdraw the appointment. Similarly, if it appears a representative intended to withdraw representation for any representative who has not signed the withdrawal, staff must send the representative(s) who did not date and sign the withdrawal a notice reminding them of the requirement to individually sign a withdrawal of appointment. Staff will document any conversation using a ROC and will ensure that the claim(s) file includes a copy of any contact notice or ROC, and the dated and signed withdrawal statement.

2. Multiple Representatives

If a claimant is represented by multiple representatives, all representatives who wish to withdraw must provide their signatures either together on the same document or in separate documents. If a representative purports to withdraw for other representatives, SSA will not recognize the withdrawal as effective for any representative who has not signed a statement of withdrawal. If the principal representative withdraws or dies, and the claimant has not designate another principal representative, OHO and OAO staff will follow the instructions in HALLEX I-1-1-11 C to identify a new principal representative.

NOTE:

For additional guidance regarding receipt of a withdrawal when multiple representatives have been appointed, OHO staff should refer to SHOP section 1.3.5.6.

D. Revocation or Withdrawal of a Representative with a Valid Assignment on File

A representative may assign, reassign, or rescind an assignment for direct payment of their authorized fee to an affiliated entity at any time prior to the date the claimant is notified of SSA's first favorable determination or decision. If the claimant revoked the appointment of a representative or the representative withdrew, the representative will still be eligible for direct payment unless other reasons prevent it. See POMS GN 03920.016 for more information on direct payment.

After the representative's appointment ends due to revocation or withdrawal, SSA will continue to process any valid assignment previously submitted by the representative, unless the representative rescinds such an assignment prior to the date SSA notifies the claimant of the first favorable determination or decision, or the representative or entity becomes ineligible for direct payment of fees. A representative may not assign direct payment of their fee or rescind a prior assignment after the date SSA notifies the claimant of the first favorable determination or decision. See POMS GN 03910.060D and GN 03920.021 for more information about the effect of revocation or withdrawal on assignments.

E. Processing the Termination of a Representative

1. Process the Termination (revocation/withdrawal) in the System(s)

When a claimant submits a written, dated, and signed statement to OHO or OAO revoking a representative's appointment, or when a representative withdraws, staff will process the termination by updating the Registration, Appointment, and Services for Representatives (RASR) application to reflect the termination. OHO and OAO will also ensure the termination or update of a principal representative is reflected in applicable case processing system(s).

2. Document the Claim(s) File

OHO or OAO staff will add the Form SSA-1696-SUP1, SSA-1696-SUP2, or other document terminating the appointment, and/or the ROC documenting the claimant's revocation of the appointment or describing any conversation(s) with the representative(s) to the claim(s) file.

  • In fully electronic cases: OHO staff will follow the instructions in SHOP section 1.3.5.6 regarding when and how to notify the FO about the termination. OAO staff will email the FO about the revocation or withdrawal only if it involves a principal representative appointed prior to September 30, 2024 who does not appear in RASR. If there is no other appointed representative on the claim, OHO or OAO staff will also delete the “Representative Involved” flag in eView.

  • In paper cases: OHO staff will send a copy of the withdrawal or revocation to the servicing FO. If there is no other appointed representative involved, staff will remove the “Representative Involved” flag from the paper folder.

3. Notify Other Representative(s), as Necessary

In cases with multiple representatives, if a representative withdraws and it appears the remaining representatives are unaware of the withdrawal, OHO or OAO staff will contact the remaining representatives to inform them of the withdrawal. Staff will document the contact(s) in a ROC and add it to the appropriate section of the claim(s) file.

NOTE:

When RASR is updated to document that a representative's appointment has been revoked or withdrawn, RASR releases automated notices to both the claimant and the former representative.

F. Disclosures When a Representative's Appointment Has Ended

When a representative's appointment ends, staff may not disclose any information about the claim(s) to the former representative without the claimant's written consent or other applicable disclosure authority. See POMS GN 03305.025 and HALLEX I-1-4-3 G.5., H., and I.

G. Former Representative's Fee for Services

When a representative's appointment ends, the former representative, and in limited circumstances another individual (see HALLEX I-1-2-53 and POMS GN 03930.020), may request a fee for services performed on the claimant's behalf, but SSA will authorize a fee only for services performed before the date the appointment was terminated. If the representative properly submitted a fee agreement, and another representative who signed the same agreement remains appointed on the case, the adjudicator will approve the fee agreement as long as no exception applies (see HALLEX I-1-2-12 B.2. and POMS GN 03940.003 D.3.). After a representative's withdrawal, SSA will still communicate with the representative regarding issues related to the representative's authorized fee and the administrative review of the authorized fee. See HALLEX I-1-2-41 for the general policy regarding the administrative review of fee agreements and HALLEX I-1-2-61 for the general policy regarding the administrative review of fee petitions.