TN 21 (09-24)

GN 03970.011 Potentially Unqualified Attorney and Non-Attorney Representatives

The Social Security Act (Act) requires certain qualifications for attorney and non-attorney representatives (see GN 03910.020A). If a representative does not meet these qualifications, we may (1) not recognize the appointment, or (2) take action to disqualify the representative based on the guidance in this section.

A. Procedure for handling pending claims, matters, or issues with a potentially unqualified attorney representative

If you suspect a prospective attorney representative does not meet the qualifications as stated in GN 03910.020A.1 for us to recognize them as a representative in the current case, take the following actions:

  1. 1. 

    Process the Form SSA-1696 "Claimant’s Appointment of a Representative,"

  2. 2. 

    Immediately refer the individual to the Office of the General Counsel (OGC) following the instructions in GN 03970.017 and using the contact information in GN 03970.070,

  3. 3. 

    Continue to recognize the attorney as the claimant's appointed representative unless and until we disqualify or suspend them in a final decision, and

  4. 4. 

    Continue to process the case without delay.

B. Procedure for handling pending claims, matters, or issues with a potentially unqualified non-attorney representative

If you suspect a prospective non-attorney representative does not meet the qualifications as stated in GN 03910.020A.2 for us to recognize them as a representative in the current case, take either of the following sets of actions:

  1. 1. 

    If, in another case, we have previously recognized the non-attorney as an appointed representative:

    1. a. 

      Process the Form SSA-1696 ,

    2. b. 

      Immediately refer the individual to OGC to determine appropriate action following the instructions in GN 03970.017 and using the contact information in GN 03970.070,

    3. c. 

      Continue to recognize the non-attorney representative as the claimant's appointed representative unless and until we disqualify or suspend them in a final decision, and

    4. d. 

      Continue to process the case without delay.

  2. 2. 

    If we have not previously recognized the non-attorney as an appointed representative:

    1. a. 

      Do NOT process the Form SSA-1696,

    2. b. 

      Immediately refer the individual to OGC following the instructions in GN 03970.017 and using the contact information in GN 03970.070,

    3. c. 

      Notify the claimant that they are not currently represented while we are evaluating the appointment,

    4. d. 

      Do NOT recognize the appointment until OGC provides guidance on our recognition of the non-attorney,

    5. e. 

      If OGC determines that the individual does not meet the qualifications to be a representative, use Document Processing System (DPS) or Manage Text (AURORA) and the appropriate sample language in GN 03970.065D to notify and return the SSA-1696 to the claimant, and

    6. f. 

      Continue to process the case without delay.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203970011
GN 03970.011 - Potentially Unqualified Attorney and Non-Attorney Representatives - 09/30/2024
Batch run: 10/08/2024
Rev:09/30/2024