Last Update: 5/19/05 (Transmittal I-1-50)
Citations:
We will recognize as the claimant's representative a person who satisfies the qualifications set forth in section I-1-1-2 if:
the claimant signs a written notice of appointment; e.g., Form SSA-1696 (Appointment of Representative), designating that person as the claimant's representative in dealings before the Commissioner; or
the claimant designates a non-attorney and that person signs the notice of appointment agreeing to be the claimant's representative (an attorney does not have to sign a notice of appointment but see Note 1, below); and
the claimant or representative files the notice of appointment at an SSA office.
The claimant or representative should file the notice of appointment at a FO if the claimant is filing an initial application or requesting reconsideration; at an HO if the claimant is requesting a hearing; or with the Appeals Council if the claimant is requesting review of the ALJ's decision. If the claimant changes representatives during the pendency of the claim in OHA, the claimant should execute a new notice of appointment.
NOTE 1: Although the regulations do not require attorneys to sign notice of appointment forms, we strongly encourage the practice. By executing Form SSA-1696, the attorney certifies that he or she meets certain qualifications and will abide by the Act and regulations governing fees. If the attorney does not sign Form SSA-1696, we still must receive some written acknowledgment, signed by the attorney, confirming his or her representation of the claimant.
NOTE 2: An organization may not represent a claimant. Thus, the claimant may not appoint as his or representative a corporation, legal aid group or a law firm, but instead must specify a person or persons within the organization as the representative.