Except as provided in the exceptions listed in subsection (B), regular Federal employees,
other than in the proper discharge of their official duties, are prohibited from:
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1.
Acting as an agent, representative, or attorney for prosecuting any claim against
the United States, or receiving any gratuity or any share of interest in such claim,
in consideration of assistance in the prosecution of such claim;
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2.
Acting as an agent, representative, or attorney for anyone before any department,
agency, court, court-martial, officer or civil, military, or naval commission in connection
with any matter in which the United States is a party or has a direct and substantial
interest; or
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3.
Demanding, seeking, receiving, accepting, or agreeing to receive or accept any compensation
for any representational services, as agent or attorney or otherwise in relation to
any proceeding, application, request for a ruling or other determination, contract,
claim, controversy, charge, accusation, arrest, or other particular matter in which
the United States is a party or has a direct and substantial interest, before any
department, agency, court, court-martial, officer or civil, military or naval commission.
NOTE: Effective July 16, 2021, nothing in this subsection prohibits a regular Federal
employee from seeking or receiving fees for work the employee completed related to
a Social Security Disability claim before that employee began working for SSA. *Always
contact the Office of the General Counsel at OGC.Controls@ssa.gov to determine applicability.
Example 1: SSA claims representative Sue’s neighbor, Bob, is a veteran who sustained
injuries during active military duty. Bob would like to apply for Social Security
Disability Insurance Benefits. Sue is prohibited from representing Bob at his SSA
administrative hearing because this would be a representation before a Federal agency
in connection with a matter in which the United States has a direct and substantial
interest. Similarly, SSA would prohibit Sue from representing Bob at a Department
of Veterans Affairs (VA) administrative hearing for VA benefits for the same reasons.
Example 2: SSA assistant district manager, Juan, is president of his local Parent-Teacher
Association (PTA). Juan and the other PTA board members have decided that their organization
should submit a funding application to the U.S. Department of Education to help modernize
the school library. Though Juan could help draft the application or could direct others
to do so, Juan could not be the one to sign the application, as Juan would then be
acting as an agent for the PTA in front of a Federal agency in connection with a matter
in which the United States has a direct and substantial interest.
Example 3: Gloria began working as an attorney-advisor for the Office of Hearing Operations
(OHO) on January 21, 2020. Prior to joining OHO, Gloria worked as an attorney for
a law firm specializing in representing Social Security Disability claimants. While
at the law firm, Gloria represented Social Security Disability claimant, Han, whose
claim was still pending when Gloria left the firm to join SSA. On August 21, 2023,
an Administrative Law Judge (ALJ) issued a favorable decision and awarded Han benefits.
If Gloria did not waive the right to request fees for the services provided on Han’s
disability claim prior to joining the government, Gloria may be able to seek authorization
for and receive fees for work completed before Gloria began working for SSA. *Always
contact the Office of the General Counsel at OGC.Controls@ssa.gov to confirm applicability.