Conduct
their
dealings in a manner that furthers the efficient, fair, and orderly conduct of the
administrative
decision-making
process.
This affirmative duty includes, but is not limited to, the following duties:
a. Provide competent representation to a
claimant.
This affirmative duty requires that a representative know the significant issue(s)
in a claim, have reasonable and adequate familiarity with the evidence in the case,
and have a working knowledge of the applicable provisions of the Social Security Act
(Act), our regulations, the Social Security Rulings, and any other applicable provisions
of the law.
b. Act with reasonable diligence and
promptness.
This affirmative duty requires that a representative provide prompt and responsive
answers to our requests for information pertinent to the processing of a claim or
an appeal.
c. Provide
information about
availability for a hearing when we request
it.
This affirmative duty requires that a representative, in the manner we specify, respond
to our request for potential dates and times that the representative will be available
for a hearing. We will inform the representative how many potential dates and times
we require to coordinate the hearing schedule.
d. Withdraw representation in a non-disruptive
manner.
This affirmative duty requires that a representative ensure that their withdrawal
will not disrupt the processing or adjudication of a claim and will allow the claimant
adequate time to find new representation, if desired. We will make determinations
on whether a representative has withdrawn in a disruptive manner on a case-by-case
basis. Although we will not prevent a representative from withdrawing, if we determine
the representative has withdrawn in a disruptive manner, we may refer the representative
to OGC to consider pursuing sanctions.
A representative should not withdraw after we set the time and place for the hearing
except when extraordinary circumstances are present. Extraordinary circumstances include,
but are not limited to, a medical emergency affecting the representative or an immediate
relative, a natural disaster, or the loss of a family member.
If another representative replaces the representative who is seeking to withdraw and
there is no detrimental impact on the hearing process (e.g., delay of the hearing),
we will not consider the withdrawal to be disruptive.
e. Maintain prompt and timely communication with the
claimant.
This affirmative duty requires that a representative, among other things, keep the
claimant reasonably informed of all matters concerning representation, consult with
the claimant on an ongoing basis, and promptly respond to the claimant’s reasonable
requests for information. When making determinations about this affirmative duty,
we will consider the difficulty the representative may have in locating the claimant
(e.g., because the claimant is homeless) and the representative’s efforts to fulfill this
duty.
This affirmative duty also requires that any representative who wishes to charge and
collect a fee for representational services has a reasonable understanding of our
fee authorization processes and informs the claimant about the amount of the fee that
they intend to charge. If a representative intends to seek a fee using the fee agreement
process, and the terms of the fee agreement allow for a fee up to the maximum fee
set by the Commissioner (i.e., the current fee cap), the representative must inform
the claimant of the current maximum dollar amount and that this amount may increase
before the date of our favorable determination or decision. If a representative intends
to request a fee using the fee petition process, the representative must provide a
copy of the fee petition document to the claimant before submitting it to us.