TN 15 (10-24)

GN 03305.025 Disclosure to Legal Aid Groups, Private Law Firms, and Appointed Representatives

A. Policy for disclosing information

An individual may consent to disclose their records to a legal aid group or private law firm using the SSA-3288, SSA-3288-OP1, or other consent form that meets our requirements. The public can access the SSA-3288-OP-1 web-form application at SSA's Privacy Program website. These entities may elect to become the individual’s appointed representative during the claims process. Prior to that appointment, disclosures from the individual’s record require written consent.

NOTE: 

Do not disclose the requested information to a copying service or other company performing administrative services unless that entity is named separately on the written consent form. “In care of” notations on the written consent form are not acceptable for purposes of disclosure to a copying service or similar entity.

B. Appointed representatives and designated associates

The SSA-1696-U4 permits individuals to appoint a representative, who may receive records in the performance of their appointed representative duties. The SSA-1696-U4 also allows individuals to consent to the release of their records to their appointed representatives’ designated associates, who perform administrative duties (e.g. clerks, partners, and/or parties under contractual arrangements (e.g., copying services) by selecting the appropriate box on the SSA-1696-U4. If we receive a notice of appointment (SSA-1696-U4 or equivalent writing) authorizing us to release records to a designated associate, a separate SSA-3288 (or other consent form meeting our requirements) is not required as long as the appointed representative is representing the individual in a matter currently pending with us.

The appointed representative must request records or other information from the appropriate Social Security office (field office or Hearing Office) that services the mailing address ZIP code of their client (See GN 03305.020).

C. Disclosure to the appointed representative and designated associate when the appointment ends

We will honor an individual’s request to disclose records to the appointed representative and their designated associates, as long as the appointed representative’s appointment has not ended. The appointed representative’s appointment ends when:

  1. 1. 

    The individual cancels the appointment;

  2. 2. 

    The representative withdraws his or her own appointment; or

  3. 3. 

    The appointment expires (See GN 03910.060).

If one of these conditions exists, the individual must provide written consent for any subsequent disclosure of his or her records to the representative.

D. Fees for providing records

Charge the full cost or the appropriate standard fee for providing records or other information to third party requesters where the request is for a non-program purpose. For detailed information about charging fees for non-program purposes, see GN 03311.005E.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203305025
GN 03305.025 - Disclosure to Legal Aid Groups, Private Law Firms, and Appointed Representatives - 10/08/2024
Batch run: 10/15/2024
Rev:10/08/2024