TN 2 (12-11)
DI 31001.015 Conflicts of Interest in Claimant Representation
A. Federal and state employees
Due to the possibility of a conflict of interest, special rules may apply to Federal or state employees seeking to act as claimant representatives.
1. Federal employees
Regular Federal employees or officials may not, with or without pay, represent a claimant before the Social Security Administration (SSA). A regular Federal employee may, however, act for his parents, spouse, or child or any person (or estate) for whom he is serving as fiduciary, subject to certain restrictions. For clarification of these restrictions, as well as the distinction between regular and special Federal employees, see GN 03980.005 Representation by Regular Federal Employees and GN 03980.010 Representation by Special Federal Employees.
2. State employees
Federal law does not prohibit state employees from serving as representatives of Social Security claimants. However, state law or regulations may prohibit such representation. For clarification of this policy, see GN 03980.030, State Agency Disability Determination Employees – Federal Conflict of Interest.
B. Operating policy for Disability Determination Services (DDS) employee representing the claimant
1. Situations involving representation by DDS Employee
Report situations involving a DDS employee's representation of a claimant to that employee's office for any action it finds appropriate. Standard procedures for appointment and recognition apply.
2. DDS employee withdraws
If the DDS employee reports to SSA that he or she is withdrawing from the case, document the folder accordingly.
GN 03910.040 Appointment and Revocation of Appointment of Representative.