TN 1 (09-18)

GN 03980.030 State Agency Disability Determination Employees - Federal Conflict of Interest

1. A. 

   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.

2. B. 

   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.