| When a claimant seeks social security disability benefits, he may select an individual to represent him in that endeavor. The representative may act on the claimant's behalf at all levels of the administrative proceedings. However, accepting the representation responsibilities does not entitle the representative to a fee for his services absent approval by the Social Security Administration (SSA).
A representative's conduct must comport with the SSA's Rules of Conduct and Standards of Responsibility for Representatives, regardless of whether the representative is or is not an attorney. A violation of these Rules of Conduct may subject the representative to suspension or disqualification from serving as a representative.
The representative, as a fiduciary of the claimant, must faithfully perform his duties on behalf of the claimant. The Rules of Conduct mandate affirmative duties with which the representative must comply including 1) acting promptly to obtain information and evidence for the claimant's disability claim, 2) assisting the claimant in producing all evidence, including medical evidence, that shows the claimant's disability, 3) assisting the claimant in responding to the SSA's requests for information at all stages of the administrative process including evidence of the claimant's age, education and training, work experience, daily activities, and work efforts, and 4) providing the claimant with competent representation by being knowledgeable about the issues, having a working knowledge of the applicable social security laws and regulations, and generally being thorough and prepared. The Rules of Conduct enumerate various prohibited actions. Chief among those prohibitions is that a representative must not 1) threaten, coerce, or mislead the claimant regarding his benefits or social security rights, 2) make or present false or misleading statements about a material fact or law on a matter in the SSA's jurisdiction, or 3) act to the detriment of the orderly conduct of the administrative proceedings. Copyright 2010 LexisNexis, a division of Reed Elsevier Inc. |