1. a. 

   Use the references in DI 33010.065A in this section, to explain who can be a representative, how to appoint a representative, the authority and responsibilities of a representative, and the fee regulations.

2. b. 

   Avoid influencing the decision regarding whether to appoint a representative.

3. c. 

   If the DDS or DHU receives a request to obtain or establish representation, instruct the beneficiary (or recipient) to contact the servicing FO for assistance.

4. d. 

   The servicing FO will provide the beneficiary or recipient with the following:

   1. 1. 

      SSA Publication No. 05-10075 (Your Right to Representation), which is also available on Social Security Online at http://www.socialsecurity.gov/pubs/10075.html ;

   2. 2. 

      Form SSA-1696-U4 Appointment of Representative, which is also available on Social Security Online at http://www.socialsecurity.gov/online/ssa-1696.pdf ; and

   3. 3. 

      A copy of its representative referral list. For more information about the referral list, see GN 03910.030A and the model referral list shown in GN 03910.090A.

When a representative whose appointment SSA has not yet acknowledged attends a DHU hearing with the beneficiary (or recipient), and the representative wants to review the file before the hearing begins, the disability hearing officer (DHO) does the following:

1. a. 

   Explains to the representative and the beneficiary (or recipient) that the representative must submit a completed SSA-1696 Appointment of Representative, or equivalent writing, to the servicing FO if the representative has not done so already.

2. b. 

   Advises the representative that the SSA-1696 Appointment of Representative and other forms and information about representation are located on Social Security Online at http://www.socialsecurity.gov/representation/.

3. c. 

   Informs the representative and the beneficiary (or recipient) that the DHO does not have the authority to accept documentation to appoint an individual as a representative in dealings with SSA. For more information about the FO’s acceptance of an appointment, see DI 31001.001 and GN 03910.040.

4. d. 

   Explains to the beneficiary (or recipient) and the representative that until the FO acknowledges the appointment of a representative and notifies the DHU of its acceptance, the representative is an “undesignated individual” whose appointment SSA has not yet accepted. The beneficiary (or recipient) must give SSA permission to disclose information in their file to the “undesignated individual.”

5. e. 

   Provides Form SSA-3288 Social Security Administration Consent for Release of Information in GN 03305.999 and on Social Security Online at http://www.socialsecurity.gov/online/ssa-3288.pdf.

6. f. 

   Instructs the beneficiary (or recipient) to complete the SSA-3288 Social Security Administration Consent for Release of Information, indicating that they authorize the DHO to release information from the beneficiary's (or recipient's) file. The DHO takes the form before the “undesignated individual” can view the claimant’s file at the DHU hearing.

When SSA acknowledges a representative's appointment, and the representative asks the DHU to deal directly with the beneficiary (or recipient), take the following actions:

1. a. 

   Obtain written confirmation from the appointed representative that they want the DHU to deal directly with the beneficiary or recipient;

2. b. 

   Create an SSA-5002 Report of Contact and record the following information:

   1. 1. 

      The name and address of the appointed representative,

   2. 2. 

      A statement that the appointed representative wants all or some of the contacts to be through the beneficiary (or recipient),

   3. 3. 

      Who engaged the appointed representative, and

   4. 4. 

      A statement that you advised the appointed representative and beneficiary (or recipient) of the fee authorization and payment procedures.

1. a. 

   Add flag "Representative Involved" to the Certified Electronic Folder (CEF) or for paper folders attach the SSA-1128 Attorney Representation. See FO instructions in GN 03910.040H.7. and DI 31001.001A.5.

2. b. 

   Annotate all evidence (including duplicative evidence) the representative submits to show, “Submitted by (full name) on (date),” and place in the claims folder.

3. c. 

   Use an SSA-5002 Report of Contact to briefly describe telephone and personal contacts with the appointed representative, or services the appointed representative performed. Each entry must be dated.

4. d. 

   Add copies of all correspondence in the claims folder.

SSA generally assumes that an appointed representative will charge a fee for services provided unless the appointed representative waives the fee (e.g., when completing the SSA-1696-U4 Appointment of Representative). If an appointed representative works with a legal services organization known to provide legal services free of charge, the FO or Processing Center may contact the representative to determine whether the appointed representative wishes to waive the fee.

The DHU does not have the authority to approve or disapprove fee agreements or authorize fees under the fee petition process.

Forward any fee petition erroneously sent to the DHU so that it can be associated with the claims folder. For routing instructions, see GN 03930.025.

If the beneficiary (or recipient) notifies the DHU that they have revoked the representative’s authority or appointment, or the representative notifies the DHU that the representative has withdrawn from the case, follow DI 31001.001B.3. and GN 03910.040C.

For more information on when a representative’s authority ends, see GN 03910.060.