GN 03980.050 Representation by a Former Senior SSA Employee
The SSA positions identified in Exhibit 1 have been classified as Senior Employees.
A. Unrestricted Representation
There is no restriction on a former Senior SSA Employee's representation of a claimant before SSA unless the matter at issue is one in which he participated personally and substantially as an SSA employee.
B. Restricted Representation
If the matter is one in which the former Senior Employee participated personally and substantially, he is restricted for a period of 2 years after his employment with SSA terminated from representing a social security claimant by personal presence at any formal or informal appearance before SSA.
The limitation on personal presence does not prohibit representation by oral or written communication to SSA. Thus, a former Senior Employee can represent a claimant before SSA (even though he participated personally and substantially in the matter) so long as he does not make a personal appearance before the Administration in connection with such claim.
A former Senior SSA Employee communicates to a DO that he wishes to represent a claimant before SSA. He volunteers that he was a former Senior Employee of SSA. The DO should determine if he ever participated personally and substantially in the matter at issue. If not, and he is not otherwise prohibited from serving as a representative before SSA, he may be accepted as a representative and make personal appearances before SSA.
Whenever a former Senior Employee is appointed as representative, an RC will be prepared for the claims folder to record:
Whether or not the representative is prohibited from representation by personal presence before SSA; and
if so, the RC will show that the former Senior Employee representative was notified of the restriction placed upon his representation by personal presence under section 207(b) of title 18, U.S. Code.