I-1-1-3.Notifying Claimants Who Are Not Represented of the Options for Obtaining Representation

Last Update: 10/13/11 (Transmittal I-1-62)

See Program Operations Manual System (POMS) GN 03910.030A.1. for general information on advising claimants about their right to representation. Also, see I-2-6-52 B for information on the requirement that administrative law judges ascertain whether an unrepresented claimant is capable of making an informed choice about whether or not to be represented and secure on the record the claimant's decision concerning representation or obtain a written waiver of the claimant's right to representation.

The hearing office (HO) must have available and distribute one or more lists of representative referral services and of legal service organizations provided by the field offices (FO) serviced by the HO. If the HO staff becomes aware that any information on a referral list (names, addresses, etc.) is inaccurate or out-of-date, the HO staff must update its copy of the list and send a copy of the corrected list to the appropriate FO so that the FO may also update its list.

If an unrepresented claimant requests a hearing before an administrative law judge, the HO staff will send a copy of the representative referral list to the claimant with the letter acknowledging the hearing request. (See I-2-0-20 C and I-2-0-92, Exhibit - Enclosure With Letter to Unrepresented Claimant.)