Non-attorney representatives must:
-
•
be generally known to have good character and reputation;
-
•
be capable of giving valuable help to the claimant in connection with the pending
claim, matter, or issue;
-
•
not be disqualified or suspended from acting as a representative, either by us or
another Federal agency; and
-
•
not prohibited by any law from acting as a representative.
We assume that the non-attorney representative seeking appointment by the claimant
meets the statutory and regulatory requirements unless there is evidence showing otherwise.
Individuals lacking good character and reputation include but are not limited to individuals
who have a final conviction of a felony (as defined by 20 CFR
404.1506(c)) or any crime involving moral turpitude, dishonesty, false statements, misrepresentation,
deceit, or theft; a civil monetary liability in any matter involving the Social Security
Act; a disbarment or suspension from any court or bar based on misconduct (in those
situations where the non-attorney representative is a former attorney); a disqualification
or suspension, based on misconduct, from participating in any Federal program or appearing
before any Federal agency; a finding by the agency or a court that as a representative
payee, the individual misused benefit payments; a debarment from acting as a contractor
with any Federal or State agency; a revocation of any professional license issued
by a state or local government; or acceptance of direct fee payment from us for representational
services when the non-attorney representative knows he or she is ineligible for direct
payment.
If you discover that an individual who is currently or has previously been appointed
as a non-attorney representative does not meet all of the aforementioned qualifications,
refer him or her to OGC following the instructions in GN 03970.017 and GN 03970.070. Continue to recognize and conduct business with this non-attorney representative
as the claimant's appointed representative unless and until the agency disqualifies
or suspends him or her and the decision is final. See GN 03910.020A.3 for information on record-keeping requirements related to disqualifications and suspensions
of appointed representatives and GN 03970.011 for procedure on handling pending claims, matters, or issues with a potentially unqualified
representative.
Additionally, if you discover that a prospective non-attorney representative (i.e.,
a non-attorney representative who is not currently appointed and has not previously
been appointed) does not meet all of the aforementioned qualifications, contact OGC
using the electronic or physical addresses listed in GN 03970.070. In such situations, do not recognize the appointment until OGC provides guidance
on whether the individual meets the qualifications to serve as a non-attorney representative.