Whether a claimant resides inside or outside of the United States, he or she has a
right to representation.
Advise claimants who reside outside of the country that a representative must obtain
our authorization to charge and collect a fee for services regardless of where the
claimant or representative lives. See GN 03920.000 for information on representative's fees subject to our authorization.
Additionally, as noted in GN 03910.020, we recognize representatives who live outside of the United States to the extent
they meet the qualifications explained in GN 03910.020A and complete the appointment process explained in GN 03910.040.
Responding to inquiries from claimants
about
the right to representation |
Claimant contacts the FO about a pending
claim,
matter, or issue at the initial or reconsideration
level |
Advise any unrepresented claimant who asks about getting representation or indicates
that he or she is having or may have difficulty obtaining representation as follows:
1. What is representation
Explain to the claimant that he or she can be represented by a qualified individual,
who will help the claimant and witnesses, if any, to do any of the following:
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•
prepare for any proceedings before us;
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•
develop the claimant's case if he or she wants additional assistance; or
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•
present the claimant’s case at an administrative proceeding.
2.
How to appoint a representative
Explain to the claimant how to appoint a representative (see GN 03910.040), the representative's scope of authority (see GN 03910.025), and authorization of representative fees (GN 03920.000).
3. Informational material about
representation
Depending on the level of the administrative process at which the claim, matter, or
issue is pending, provide the claimant with one or more of the following, as appropriate:
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•
a copy of Publication No. 05-10075, Social Security and Your Right to Representation;
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•
Form SSA-1696 (Claimant's Appointment of a Representative) as an option to document
the appointment; or
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•
a copy of the representation referral list.
NOTE: We generally provide all of the aforementioned materials to a claimant. However,
if the claimant contacts the FO about a pending claim, matter, or issue that is at
the hearing level, it is not necessary to provide the claimant with a copy of the
representation referral list. The HO will provide one with the acknowledgment letter
for receipt of the claimant's request for a hearing before an ALJ. If the claimant
specifically requests it, provide a copy of the representation referral list.
4.
Documenting the record.
Document the claim file as to how you advised the claimant about his or her right
to representation:
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•
enter a Report of Contact in Modernized Claims System (MCS) or in the Consolidated
Claims Experience (CCE) indicating that you provided the information to the claimant;
or
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•
complete a Form SSA-5002 (Report of Contact ) and fax it into the electronic folder
for electronic claims or attach it to the paper folder for paper claims (include the
date you provide this information).
NOTE 1: A report of contact is generally used to record communications.
NOTE 2: Refer to TC 01005.000 for information on releasing information from our records
to appointed representatives and third parties.
|
Claimant contacts
the
Teleservice Center
(TSC)
about a pending
claim,
matter, or issue
|
When a claimant contacts the TSC and either asks about representation or indicates
that he or she is having trouble obtaining representation, you should take the following
actions if the claimant is unrepresented:
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•
advise the claimant by following the instructions listed above in 1. through 4.;
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•
send the claimant a copy of the SSA Publication No. 05-10075, Social Security And
Your Right to Representation, and Form SSA-1696 (Claimant's Appointment of a Representative)
for use if the claimant decides to obtain representation; and
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•
annotate any material prepared (e.g., a lead, protective filing, report of contact)
to indicate that you advised the claimant of his or her right to representation and
that the FO should provide the representation referral list to the claimant.
NOTE 1: For the purposes of whether we can accept and process an appointment, a lead for
potential benefits does not qualify as a pending claim, matter, or issue. See GN 00202.001 for information on leads and inquiries.
NOTE 2: Refer to TC 01005.000 for information on releasing information from our records
to appointed representatives and third-parties.
|
Claimant contacts the HO about a pending
claim |
The HO routinely provides a copy of the representation referral list to an unrepresented
claimant when acknowledging receipt of the claimant's request for hearing. However,
you may also give or send to the claimant, if available:
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•
a copy of the SSA Publication No. 05-10075, Social Security And Your Right to Representation;
and
-
•
Form SSA-1696 (Claimant's Appointment of a Representative) for use if the claimant
decides to obtain representation.
NOTE: If these documents are not available, you may refer the claimant to the FO or TSC
to obtain them.
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