A special Federal employee may represent parties in claims before the U.S. except:
as to matters in which the individual has at anytime participated personally and substantially
in the course of his or her government employment; or
the individual has served the department or agency where he or she is employed for
more than 60 days in the immediately preceding period of 365 days and the matter is
one which is pending before the department or agency. This restraint applies whether
or not the matter is one in which the individual participated personally and substantially
in his or her government employment.
Condition 2. does not apply where the employee has served no more than 60 days during
the immediately preceding 365 consecutive days.
These restraints apply on days when the special employee does not serve the Government
as well as on days when he or she does. These restrictions apply to both paid and
These rules, as they apply to representation before SSA by a special SSA employee,
will prohibit representation by any SSA employee—so employed, unless he served the
agency for no more than 60 days in the immediately preceding period of 365 days and
never personally and substantially participated in the matter at issue.
In addition, a special SSA employee may represent, with or without compensation, his
parents, spouse, child or any person (or estate) for whom he is acting in a fiduciary
capacity provided that the head of the principal operating component or his or her
designee approves. However, the employee may not act as a representative in matters
in which he or she has personally and substantially participated or if the matter
is one which is the subject of his or her official responsibility.