Identification Number:
GN 03910 TN 36
Intended Audience:See Transmittal Sheet
Originating Office:ORDP ODP
Title:Representation of Claimants
Type:POMS Full Transmittals
Program:All Programs
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM

Part GN – General

Chapter 039 – Representation and Representative's Fee

Subchapter 10 – Representation of Claimants

Transmittal No. 36, 12/06/2024

Audience

PSC: BA, CA, CS, DE, DEC, DS, ICDS, IES, ILPDS, IPDS, ISRA, PETE, RECONR, SCPS, TSA, TST;
OCO-OEIO: BIES, CAQCR, CR, PETL, RECONR, RECOVR;
OCO-ODO: BTE, CR, CST, CTE, CTE TE, DS, PETE, PETL, RECOVR, RECOVTA;
ODD-DDS: DHU;
FO/TSC: CS, CS TII, CS TXVI, CSR, CTE, FR, OA, OS, RR, TA, TSC-CSR;

Originating Component

ODP

Effective Date

12/09/2024

Background

We published a final rule on August 21, 2024. The changes implemented in this section are part of several changes to our subregulatory guidance in accordance with the First Circuit Court decision in Marasco & Nesselbush, LLP v.Tara Collins and Social Security Administration.

Summary of Changes

GN 03910.001 Terms and Definitions as Applied to this Subchapter

C. Representative

Updated definition.

D. Written Notice of Appointment

Removed section

GN 03910.001 Terms and Definitions as Applied to this Subchapter

The following are terms and definitions as we use them in this subchapter:

A. Claimant

Claimant is an individual claiming a right under the old-age, disability, dependents', or survivors' benefits program. It also refers to beneficiaries or other recipients whose benefit rights are the subject of a post-entitlement or post-eligibility (PE) action.

B. Pending claim, matter, or issue

A "pending claim, matter, or issue" (hereafter "case") is any claim for benefits, any asserted right under any of our programs (e.g., an individual's declaration or statement of eligibility for or entitlement to payments or other benefits), or an issue that awaits our decision at any stage of the administrative process (e.g., PE or Medicare issue).

Examples of a cases include, but are not limited to:

  • When the claimant files a signed application;

  • When the claimant files an appeal in writing;

  • PE issues not yet on appeal such as a medical continuing disability review; or

  • When the claimant or representative requests administrative review of a fee authorization. See GN 03950.000 and GN 03960.000 for information on administrative review of fee authorizations under the fee petition and fee agreement processes.

C. Representative

A representative is an individual who meets all the requirements of GN 03910.020A1 or A2 and whom the claimant appoints to represent them in the claimant's dealings with us . For purposes of our rules of conduct and standards of responsibility for representatives (see GN 03970), "representative" also includes any individual who provides representational services, regardless of whether they have been formally appointed, and an individual who is listed as a point of contact for an entity, as applicable to their identified role. For information on the appointment of a representative, see GN 03910.040.

NOTE: Individuals such as friends, neighbors, or relatives can be appointed as the claimant's representative but do not need to be appointed if they are providing general assistance to the claimant. For information on types of general assistance not considered "representational services,"see GN 03910.020D.



GN 03910 TN 36 - Representation of Claimants - 12/09/2024