POMS Reference

GN 03910: Representation of Claimants

TN 4 (03-95)

A. Definition

“Claimant,” as used in this chapter, refers to claimants at any stage of the administrative appeals process, and to beneficiaries whose benefit rights are the subject of post-entitlement or post-eligibility (PE) actions for which they seek representation.

B. Policy

A claimant may appoint a qualified individual to represent him/her in pursuing his/her claim(s) or asserted rights under titles II, XVI, and XVIII of the Act and title IV of the Federal Mine Safety and Health Act.

The decision to have or not to have a representative is for the claimant to make. SSA neither encourages nor discourages representation.

SSA will provide the same level of service in processing a claimant's claim, regardless of whether:

  • the claimant is represented or not;

  • an appointed representative is an attorney or non-attorney; or

  • an appointed representative charges the claimant a fee, collects a fee from a third party, or does not charge for services.