Except as provided in the exceptions listed in subsection (B), regular Federal employees, other than in the proper discharge of their official duties, are prohibited from:

1. 1. 

   Acting as an agent, representative, or attorney for prosecuting any claim against the United States, or receiving any gratuity or any share of interest in such claim, in consideration of assistance in the prosecution of such claim;

2. 2. 

   Acting as an agent, representative, or attorney for anyone before any department, agency, court, court-martial, officer or civil, military, or naval commission in connection with any matter in which the United States is a party or has a direct and substantial interest; or

3. 3. 

   Demanding, seeking, receiving, accepting, or agreeing to receive or accept any compensation for any representational services, as agent or attorney or otherwise in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest, before any department, agency, court, court-martial, officer or civil, military or naval commission.

   NOTE: Effective July 16, 2021, nothing in this subsection prohibits a regular Federal employee from seeking or receiving fees for work the employee completed related to a Social Security Disability claim before that employee began working for SSA. *Always contact the Office of the General Counsel at OGC.Controls@ssa.gov to determine applicability.

Example 1: SSA claims representative Sue’s neighbor, Bob, is a veteran who sustained injuries during active military duty. Bob would like to apply for Social Security Disability Insurance Benefits. Sue is prohibited from representing Bob at his SSA administrative hearing because this would be a representation before a Federal agency in connection with a matter in which the United States has a direct and substantial interest. Similarly, SSA would prohibit Sue from representing Bob at a Department of Veterans Affairs (VA) administrative hearing for VA benefits for the same reasons.

Example 2: SSA assistant district manager, Juan, is president of his local Parent-Teacher Association (PTA). Juan and the other PTA board members have decided that their organization should submit a funding application to the U.S. Department of Education to help modernize the school library. Though Juan could help draft the application or could direct others to do so, Juan could not be the one to sign the application, as Juan would then be acting as an agent for the PTA in front of a Federal agency in connection with a matter in which the United States has a direct and substantial interest.

Example 3: Gloria began working as an attorney-advisor for the Office of Hearing Operations (OHO) on January 21, 2020. Prior to joining OHO, Gloria worked as an attorney for a law firm specializing in representing Social Security Disability claimants. While at the law firm, Gloria represented Social Security Disability claimant, Han, whose claim was still pending when Gloria left the firm to join SSA. On August 21, 2023, an Administrative Law Judge (ALJ) issued a favorable decision and awarded Han benefits. If Gloria did not waive the right to request fees for the services provided on Han’s disability claim prior to joining the government, Gloria may be able to seek authorization for and receive fees for work completed before Gloria began working for SSA. *Always contact the Office of the General Counsel at OGC.Controls@ssa.gov to confirm applicability.

This section describes the exceptions to the general standards for regular employee representation:

1. 1. 

   Nothing in subsection (A) above prevents a regular Federal employee from acting, with or without compensation, as agent or attorney for, or otherwise representing, a parent, spouse, child, or any person for whom, or any estate for which the employee is serving as guardian, executor, administrator, trustee, or other personal fiduciary, subject to the following restrictions:

   1. a. 

      The employee must not have participated personally and substantially as a Federal employee with respect to the matter in issue; and

      NOTE: An SSA employee's statement that they have not participated in the matter should be accepted in the absence of information to the contrary. In many instances, the employee's position or the functions of the employing entity will make it apparent that the employee has not previously participated in the matter.

   2. b. 

      The matter in issue must not be the subject of the employee's official responsibility; and

      NOTE: “Official responsibility” means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and either personally or through subordinates, to approve, disapprove, or otherwise direct Federal action. If the employee has official responsibility for the particular matter at issue, the employee may not represent the claimant even though the employee has not participated, and will not participate, personally in the particular claim.

   3. c. 

      The employee must have received the written consent of the official who has been designated to approve or disapprove employee requests to engage in outside activities; and

   4. d. 

      This exception does not alter the employee’s responsibilities under the Standards of Ethical Conduct, found at 5 C.F.R. § 2635.101 et seq., including the employee’s responsibilities to not misuse their SSA position through misuse of authority, information, time, or resources. (See 5 C.F.R. §§ 2635.701-705).

   Example 1: Carmen, an Operations Supervisor in the Cincinnati, Ohio downtown field office, should not represent Carmen's minor child before the agency on a matter on which one of Carmen's subordinates is working, as Carmen would have operating authority over that matter. However, Carmen could represent Carmen's minor child before the agency in the Hamilton, Ohio or Middletown, Ohio office, so long as Carmen has no operational or administrative authority over that matter.

   Example 2: James, an Area Director in the Chicago Region, Area 6 (Southern Ohio), could not represent James' spouse if the spouse’s claim was pending in any office in Area 6, as James has operational and administrative authority over matters in that Area. SSA would permit James to represent James' spouse if the spouse’s claim was pending in another Area over which James had no operational or administrative authority.

2. 2. 

   Nothing in subsection (A) prevents a regular Federal employee from giving testimony under oath or from making statements required to be made under penalty for perjury or contempt. Giving any such testimony or statements should be consistent with the requirements under 20 C.F.R. Part 403.

3. 3. 

   Nothing in subsection (A)(1) or (A)(2) prevents a regular Federal employee, if not inconsistent with the faithful performance of that employee’s duties, from acting without compensation as agent or attorney for, or otherwise representing:

   1. a. 

      Any person who is the subject of disciplinary, loyalty, or other personnel administration proceedings in connection with those proceedings; or

   2. b. 

      Any cooperative, voluntary, professional, recreational, or similar organization or group not established or operated for profit, if a majority of the organization’s or group’s members are current officers or employees of the United States or the District Columbia, or their spouses or dependent children, in judicial or administrative proceedings where the organization or group is a party, or involving a grant, contract, or other agreement (including a request for any such grant, contract, or agreement) providing for the disbursement of Federal funds to the organization or group.

4. 4. 

   Nothing in subsection (A) prevents a regular Federal employee from acting pursuant to any provision of any other Federal law that authorizes labor-management relations between an agency or instrumentality of the United States and any labor organization that represents its employees.

1. 1. 

   “Special Federal employee” means:

   1. a. 

      Individuals, such as advisory committee members, consultants, experts, and others who are retained, designated, appointed, or employed to perform, with or without compensation, temporary duties either on a full-time or intermittent basis, for not more than 130 days during any period of 365 consecutive days; or

   2. b. 

      A part-time U.S. Magistrate; or

   3. c. 

      A part-time local representative of a member of Congress; or

   4. d. 

      A reserve officer of the Armed Forces or an officer of the National Guard of the United States who:

      1. 1. 

         Is serving involuntarily on extended active duty for any length of time (unless the individual is otherwise an officer or employee of the United States); or

      2. 2. 

         Is serving voluntarily on extended active duty for 130 days or less.

1. 1. 

   A special Federal employee may represent parties in claims before the United States except:

   1. a. 

      As to matters in which the employee has at any time participated personally and substantially in the course of their Federal employment; or

   2. b. 

      If the employee has served the department or agency where the employee is employed for more than 60 days in the immediately preceding period of 365 days, and the matter is one which is pending before the department or agency. This restraint applies whether or not the matter is one in which the employee participated personally and substantially during their Federal employment.

2. 2. 

   In the situations described in subsections (B)(1)(a) and (b), a special Federal employee is prohibited from demanding, seeking, receiving, accepting, or agreeing to receive or accept any compensation for any representational services, as agent or attorney or otherwise in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest, before any department, agency, court, court-martial, officer or civil, military or naval commission.

   NOTE: Effective July 16, 2021, nothing in this subsection prohibits a special Federal employee from seeking or receiving fees for work the employee completed related to a Social Security Disability claim before that employee began working for SSA. See POMS GN 03980.005(A)(3)(Example 3). *Always contact the Office of the General Counsel at OGC.Controls@ssa.gov to determine applicability .

1. 1. 

   Nothing in subsection (B) above prevents a regular Federal employee from acting, with or without compensation, as agent or attorney for, or otherwise representing, a parent, spouse, child, or any person for whom, or any estate for which the employee is serving as guardian, executor, administrator, trustee, or other personal fiduciary, subject to the following restrictions:

   1. a. 

      The employee must not have participated personally and substantially as a Federal employee with respect to the matter in issue;

   2. b. 

      The matter in issue must not be the subject of the employee's official responsibility;

   3. c. 

      The employee must have received the written consent of the official designated to approve or disapprove employee requests to engage in outside activities; and

   4. d. 

      This exception does not alter the employee’s responsibilities under the Standards of Ethical Conduct, found at 5 C.F.R. §2635.101 et seq., including the employee’s responsibilities to not misuse their SSA position through misuse of authority, information, time, or resources. (See 5 C.F.R. §§2635.701-705).

2. 2. 

   Nothing in subsection (B) prevents a special Federal employee from giving testimony under oath or from making statements required to be made under penalty for perjury or contempt. Giving any such testimony or statements should be consistent with the requirements under 20 C.F.R. Part 403.

3. 3. 

   Nothing in subsection (B) prevents a special Federal employee from acting as agent, representative, or attorney for another person in the performance of work under a grant by, or a contract with, or for the benefit of, the United States if the head of the department or agency concerned with the grant or contract certifies in writing that the national interest so requires and publishes such certification in the Federal Register.

1. 1. 

   An SSA employee may not participate personally and substantially in any judicial or other proceeding, application, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which any of the following persons or organizations has a financial interest:

   1. a. 

      The employee;

      NOTE: Effective July 16, 2021, nothing in this section prohibits a regular Federal employee as described in GN 03980.005 from seeking or receiving fees for work the employee completed related to a Social Security Disability claim before that employee began working for SSA. *Always contact the Office of the General Counsel at OGC.Controls@ssa.gov to determine applicability

   2. b. 

      The employee’s spouse;

   3. c. 

      The employee’s minor child;

   4. d. 

      Any organization in which the employee serves as officer, director, trustee, general partner, or employee or;

   5. e. 

      Any person or organization with whom the employee is negotiating or has any arrangement concerning prospective employment.

2. 2. 

   The following are exceptions to general standards described in A. for avoiding conflicting financial interests.

   An officer or employee may participate in a matter:

   1. a. 

      If the officer or employee’s supervisor makes a written determination that the interest is not so substantial as to be deemed likely to affect the integrity of the employee’s services;

   2. b. 

      If the financial interest has been exempted by regulation from the requirements of subsection (a) as being too remote or too inconsequential to affect the employee’s integrity;

   3. c. 

      In the case of a special government employee (SGE) (referred to as special federal employee in GN 03980.010), if the official who appointed the SGE certifies in writing that the agency’s need for the SGE’s service outweighs the potential for a conflict of interest; or

   4. d. 

      If the financial interest that would be affected by the particular matter involved is that resulting solely from the interest of the officer or employee, or the employee's spouse or minor child, in birthrights:

      1. 1. 

         In an Indian tribe, band, nation, or other organized group or community, including any Alaska Native village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians;

      2. 2. 

         In an Indian allotment the title to which is held in trust by the United States or which is inalienable by the allottee without the consent of the United States; or

      3. 3. 

         In an Indian claims fund held in trust or administered by the United States, if the particular matter does not involve the Indian allotment or claims fund or the Indian tribe, band, nation, organized group or community, or Alaska Native village corporation as a specific party or parties.