Program Operations Manual System (POMS)
TN 1 (09-18)
GN 03980.030 State Agency Disability Determination Employees - Federal Conflict of Interest
An employee of a State agency (DDS) which makes disability determinations pursuant
to Sections 221 and 1614 of the Social Security Act is not an employee of the Federal
Government. These individuals are employees of their respective State agencies, and
as such are not subject to the prohibitions imposed upon Federal employees by the
Federal conflict-of-interest statutes. Federal law does not prohibit these employees
from serving as representatives of social security claimants. They may however, be
prohibited from such representation by State law or regulation. DDS employees seeking
appointment as representatives should be accepted in accordance with this section.
Inform the DDS employee that Federal law does not prohibit him from representing a
social security claimant, but that such representation may be a violation of that
particular State's government code.
Development for State Agency Employees
Report any situation involving representation by DDS personnel to the DDS employee's
employing office for appropriate action. If the DDS employee otherwise qualifies as
a representative, he must be accepted. If, after being appointed as the representative,
the DDS employee reports to SSA that he is withdrawing as the claimant's representative,
document the claims folder accordingly.
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GN 03980.030 - State Agency Disability Determination Employees - Federal Conflict of Interest - 09/25/2018
Batch run: 09/25/2018