The Social Security Administration (SSA) will automatically allow an individual to serve again as a representative in matters before the Commissioner after the expiration of any period of suspension.

After more than one year has elapsed since the date SSA imposed a period of suspension or a disqualification, an individual may seek reinstatement by submitting a written request for reinstatement, with any evidence the individual wants to have considered, to the Appeals Council (AC). The individual should send the request to:

The AC must notify Law & Policy (LP) of the request at ^LP Representative Conduct, and give SSA 30 days to provide a written report commenting on the request for reinstatement.

When a response is received, the AC will mail a copy of the written report to the suspended or disqualified individual and provide the individual 30 days from the date of the AC letter to submit written comments.

In making a decision, the AC must consider the following:

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  The AC will not grant the request for reinstatement unless it is reasonably satisfied that the individual will in the future act according to the provisions in the Social Security Act and agency rules and regulations.

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  To satisfy the burden of persuasion, the suspended or disqualified individual must clearly show that the conditions or circumstances that gave rise to the charges no longer exist and are not likely to recur.

In addition to the two preceding criteria, the following factors may apply to AC review of a reinstatement request:

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  If the individual was disqualified because the individual was disbarred, suspended, or removed from practice for reasons of misconduct, the individual must show that the individual has been admitted (or readmitted) to and is in good standing with the court, bar, Federal program or agency, or other governmental or professional licensing authority from which the individual had been disbarred, suspended, or removed from practice.

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  If the individual was disqualified because the individual was disqualified from participating in or appearing before a Federal program or Federal agency, the individual must show that the individual is now qualified to participate in or appear before that Federal program or Federal agency.

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  If the individual was disqualified as a result of collecting or receiving and retaining an unauthorized representational fee, the individual must demonstrate that full restitution has been made.

The AC will notify the individual and LP of its decision on the request for reinstatement.

If the AC does not grant the request for reinstatement, it will not consider another reinstatement request for at least three years from the date of the denial notice.

See 20 CFR 404.1799(d)-(f) and 416.1599(d)-(f).