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Standard of Conduct for Representatives of Social Security Claimants

Those individuals undertaking to represent a social security claimant, whether an attorney or a non-attorney, must adhere to a certain standard of conduct. In particular, representatives appearing on behalf of a claimant before the Social Security Administration (SSA) must comply with the SSA's Rules of Conduct and Standards of Responsibility for Representatives (Rules of Conduct).

A representative is a fiduciary of the claimant and must conduct himself accordingly. The Rules of Conduct specify that the representative must be forthright in his dealings with the SSA and the claimant, and act promptly to provide the SSA with the claimant's information and evidence. With respect to disabled or blind claimants, the representative is obligated to assist the claimant in producing to the SSA all information concerning the claimant's impairment and its effect on the claimant's ability to work. Additionally, assistance must be provided to comply with SSA requests for information concerning the claimant's age, education and training, work experience, daily activities, and work efforts.

A representative must competently act on behalf of the claimant, which necessarily requires him to be knowledgeable about the claims at issue, and well-versed in the applicable social security rules and regulations and relevant provisions of the Social Security Act. The representative must also be thorough and prepared.

The Rules of Conduct expressly prohibit representatives from engaging in certain conduct. For instance, representatives are forbidden from coercing, intimidating, deceiving, or knowingly misleading a claimant regarding his benefits or rights under the Social Security Act. Further, a representative may not charge, collect, or retain a fee for his services without first obtaining approval from the SSA. Representatives may not make or present a false or misleading statement or assertion concerning a material fact or law, and must not unreasonably delay the adjudication of the claim at any stage of the administrative process. In addition to these prohibitions, a representative must not conduct himself in such a way as to prejudice the orderly and fair process of the claim.

Copyright 2010 LexisNexis, a division of Reed Elsevier Inc.

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