Last Update: 5/19/05 (Transmittal I-1-50)
Citations: Social Security Act § 206(a)(1)
20 CFR §§ 404.1797 - 404.1799 and 416.1597 - 416.1599
We will automatically allow a person to serve again as a representative in dealings before the Commissioner at the end of any period of suspension.
NOTE:
Section 205 of the Social Security Protection Act of 2004 (P.L. 108-203) amended § 206(a)(1) of the Social Security Act by providing that if SSA suspends someone for collecting or receiving an unauthorized representational fee, that person is barred from appearing before SSA as a representative until the person serves out the suspension and makes full restitution of the illegal fee. Therefore, the person may not represent claimants during the period of suspension or any time after the end of the period of suspension until full restitution is made.
After one year has elapsed from the date a period of suspension or a disqualification was imposed, a person may seek reinstatement by submitting to the Deputy Chair of the Appeals Council a written request for reinstatement along with any evidence the representative wants to have considered.
The Appeals Council must notify the OGL of receipt of the request and give that office 30 days in which to present written report commenting on the request for reinstatement.
The Appeals Council will not grant the request for reinstatement unless it is reasonably satisfied that the person will abide by the law and regulations in the future. To satisfy the burden of persuasion, the suspended or disqualified person must make a clear showing that the conditions or circumstances that gave rise to the complaint no longer exist, and are very unlikely to recur. For example, a person, other than an attorney, who was disqualified on the basis of bad character and reputation may present affirmative proof of rehabilitation and avoidance of criminal or dissolute behavior. An attorney found guilty of overcharging a claimant may present proof of total restitution to the party and clearly show that he or she corrected deficient office practices that contributed to the improper fee collection.
The Appeals Council will provide written notice to the person and the Deputy Commissioner or designee of its decision on the request for reinstatement as a representative.
If the Appeals Council does not grant the request for reinstatement, it may not consider another request until one year from the date of the previous denial.