An appointed representative can act on a claimant's behalf on a pending case from the time the appointment begins until the appointment ends.

For the definition of “case,” see GN 03910.001B, and for information about events that end a representative's appointment, see GN 03910.060A.

The scope of an appointed representative’s authority, on behalf of the claimant, includes:

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  Obtaining information about the pending claim, matter, or issue that we would generally provide to the claimant, including additional evidence, consultative examination reports, and determinations or decisions regarding the claim or any affected auxiliary beneficiary.

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  Examining any documents to which the claimant would have access.

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  Receiving notification of any determinations or decisions made in the case, including those regarding auxiliary beneficiaries, if applicable.

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  Submitting evidence or other written statements.

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  Being informed of any additional evidence needed to support the claim.

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  Appearing at interviews, conferences, non-medical appointments, or hearings, either alone or with the claimant.

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  Making statements about facts and law.

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  Making any request or providing any report or notice about the proceedings before SSA.

For information about disclosing information to an appointed representative, see GN 03316.125. For information about representation of an affected auxiliary beneficiary and disclosure of their records, see GN 03910.025C.

An appointed representative may not:

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  Sign an application on behalf of the claimant (unless the representative is a proper applicant);

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  Testify in place of the claimant at an administrative hearing;

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  Change the claimant's personal information (e.g., first or last name or mailing address) or financial institution information (e.g., direct deposit bank account) in our records unless the appointed representative is otherwise qualified to do so (e.g., a parent of a minor child or a legal guardian); or

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  Delegate the authority to represent the claimant or perform "representational services" to anyone the claimant has not appointed as a representative.

For more information on a proper applicant, see GN 00204.003. For information on change of address requests, see GN 02605.001. For information on third parties who may not consent to the disclosure of records on behalf of another individual, see GN 03305.006. For examples of duties that an appointed representative can delegate to an associate, see GN 03910.025B.

Unless informed otherwise, we consider a primary claimant’s appointed representative to also represent the primary claimant’s affected auxiliary beneficiary or eligible spouse (see Social Security Ruling (SSR) 68-61c). This ruling reflects the Supreme Court’s ruling in Hopkins v. Cohen, 390 U.S. 530 (1968), which established that the appointed representative of a primary claimant is deemed to be acting on behalf of all other claimants in the case and, accordingly, has a right to charge and collect fees for services from the affected auxiliary beneficiary's or eligible spouse's past-due benefits.

Consistent with SSR 68-61c, we will release to a primary claimant's appointed representative copies of any notices sent to the affected auxiliary beneficiary (including notices sent to the affected auxiliary beneficiary not living in the primary claimant's household) or eligible spouse unless the affected auxiliary beneficiary or eligible spouse:

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  Appoints their own representative.

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  Does not appoint their own representative but:

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  Tells us in writing that they do not want to be represented by the primary claimant's representative; or

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  Tells us in writing that the primary claimant's appointed representative should not receive copies of the notices.

In the second and third exceptions described above (when the affected auxiliary beneficiary or eligible spouse does not appoint their own representative), we will explain to the affected auxiliary beneficiary or eligible spouse that we will withhold some of their past-due benefits amount for payment of the primary claimant's appointed representative's authorized fee consistent with GN 03920.035D or GN 03920.036C.

For information on disclosure without consent to a primary claimant/beneficiary about an auxiliary beneficiary, see GN 03316.105. For information on disclosure without consent to an auxiliary claimant/beneficiary about the primary claimant/beneficiary or number holder, see GN 03316.110. For information on withholding from an affected auxiliary beneficiary who is independently represented, see GN 03920.035B. For information on withholding from an eligible spouse who is independently represented, see GN 03920.036B.

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