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Changes to Rules of Conduct for Reps of Social Security Disability and SSI Claimants

Social Security Disability and SSI claimants are usually represented by Appointed Representative.  The Social Security Administration recently issued final regulations revising the Rules of Conduct and Standards of Responsibility for Representatives that become effective on January 23, 2012. See 76 Fed. Reg. 80241 (Dec. 23, 2011) http://www.gpo.gov/fdsys/pkg/FR-2011-12-23/pdf/2011-32923.pdf. The final rules revise the "prohibited actions" in the Rules of Conduct, 20 C.F.R. §§ 404.1740(c) and 416.940(c), to include the following:

(1) Violating any section of the Act for which a criminal or civil monetary penalty is prescribed;

(2) Refusing to comply with any of SSA's rules or regulations;

(3) Suggesting, assisting, or directing another person to violate SSA's rules or regulations;

(4) Advising any claimant or beneficiary not to comply with any of SSA's rules or regulations;

(5) Failing to comply with SSA's decision about sanctions; and

(6) Knowingly assisting a suspended or disqualified person to provide "representational services."

"Representational services" is defined as "services performed for a claimant in connection with any claim the claimant has before us, any asserted right the claimant may have for an initial or reconsidered determination, and any decision or action by an administrative law judge or the Appeals Council." The Social Security Administration states that a representative can employ a suspended or disqualified representative as long as the person does not provide "representational services" or exercise the authority of a representative in 20 C.F.R. §§ 404.1710 and 416.1510.

If you need more information about a personal injury matter (car wreck, boating accident, slip and fall, etc.), Social Security Disability or SSI matter, EEOICPA claim, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611, or through our website. Our office handles claims throughout East Tennessee, including Knoxville, Chattanooga, Kingsport, Bristol, Johnson City, Morristown, Maryville, Rogersville, Dandridge, Tazewell, New Tazewell, Jefferson City, Strawberry Plains, Sevierville, Gatlinburg, Loudon, Kingston, Halls, Maynardville, Crossville, Cookeville, Sweetwater, Lenoir City, Athens, Oak Ridge, Clinton, LaFollette, Lake City, Jacksboro, Bean Station, Cosby, Newport, White Pine, Mosheim, Wartburg, Sunbright, Pigeon Forge, and Deer Lodge.

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