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 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 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.

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, he could not be the one to sign the application, as he 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: Prior to joining SSA as an attorney-advisor for ODAR, 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. After Gloria began working for SSA, an ALJ issued a favorable decision and awarded Han benefits. Gloria is prohibited from now seeking or receiving attorney fees related to Han’s disability claim under section (A)(3) above.

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, his parents, spouse, child, or any person for whom, or any estate for which she or he is serving as guardian, executor, administrator, trustee, or other personal fiduciary, subject to the following restrictions:

   1. a. 

      She or he 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 he has not participated in the matter should be accepted in the absence of information to the contrary. In many instances, his position or the functions of the employing entity will make it apparent that he has not previously participated in the matter.

   2. b. 

      The matter in issue must not be the subject of his 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, he may not represent the claimant even though he has not participated, and will not participate, personally in the particular claim.

   3. c. 

      She or he 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 his 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 her minor child before the agency on a matter on which one of her subordinates is working, as she would have operating authority over that matter. However, Carmen could represent her minor child before the agency in the Hamilton, Ohio or Middletown, Ohio office, so long as she 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 his spouse if his spouse’s claim was pending in any office in Area 6, as he has operational and administrative authority over matters in that Area. SSA would permit James to represent his spouse if his spouse’s claim was pending in another Area over which he 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.

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.