Last Update: 3/29/13 (Transmittal I-1-63)
Citations:
Social Security Act §§206(a)(1) and 1631(d)(2)(A)
20 CFR §§ 404.1797 - 404.1799 and 416.1597 - 416.1599
The Social Security Administration (SSA) will automatically allow an individual to serve again as a representative in matters before the Commissioner after the expiration of any period of suspension.
After one year has elapsed from the date SSA imposed a period of suspension or a disqualification, an individual may seek reinstatement by submitting a written request for reinstatement, with any evidence the individual wants to have considered, to the Deputy Chair of the Appeals Council (AC). The AC must notify the Office of the General Counsel (OGC) of the request and give OGC 30 days to provide a written report commenting on the request for reinstatement. When a response is received, the AC will send a copy of the OGC report to the suspended or disqualified individual and provide the individual 30 days from the date of the AC letter to submit written comments.
In making a decision, the AC must consider the following:
The AC will not grant the request for reinstatement unless it is reasonably satisfied that the individual will, in the future, act according to the provisions in the Social Security Act and in our rules and regulations.
To satisfy the burden of persuasion, the suspended or disqualified individual must clearly show that the conditions or circumstances that gave rise to the charges no longer exist and are not likely to recur.
In addition to the two preceding criteria, the following may apply to AC review of a reinstatement request:
If the individual was disqualified because he or she was disbarred or suspended from a court or bar, the individual must show that he or she is in good standing with the court or bar from which he or she had been disbarred or suspended.
If the individual was disqualified because he or she was disqualified from participating in or appearing before a Federal program or Federal agency, the individual must show that he or she is now qualified to participate in or appear before that Federal program or Federal agency.
If the individual was disqualified as a result of collecting or receiving and retaining an unauthorized representational fee, he or she must demonstrate that full restitution has been made.
The AC will notify the individual and OGC in writing of its decision on the request for reinstatement.
If the AC does not grant the request for reinstatement, it may not consider another request until at least one year has elapsed from the date of the previous denial.