Attorney-client privilege--Confidential oral or written communications between the
claimant and his or her appointed representative that are related to providing or
obtaining legal advice; or
Attorney work product--The appointed representative’s analysis of the claim, which
generally means his or her analysis, theories, mental impressions, and notes about
However, these would be evidence if the appointed representative or claimant provides
the information to us. Generally, if information is included in the certified electronic
folder (CEF) or provided by the claimant or appointed representative during the administrative
process, consider it evidence.
NOTE: Neither exception allows a claimant to withhold factual information, medical source
opinions, or other medical evidence that we may consider in determining whether or
not a claimant is entitled to benefits. An appointed representative may not withhold
the identity of a claimant’s medical source or any medical evidence about a claimant,
such as a medical opinion.
For more information, see DI 31001.010 Disability Determination Services (DDS) Responsibilities When an Appointed Representative