POMS Reference

GN 03980: Conflict of Interest

Audience:

DDS:
DHU
DO/BO/TSC:
CR, CR TII, CR TXVI, FR, OA, OS, RR, SR
OCO-ODO-IND:
CATA, EHI, ISTA, RCOVTA, RECONR
OCO-ODO-SHARE:
BA, CA, IS, RECOVR
OCO-OIO:
BIES, CATA, RECONR, RECOVR
PSC:
CA, CRTA, CS, ICDS, IES, ILPDS, IPDS, ISRA, RECONR

Citations:

Title 18 U.S. Code, Secs. 202, 203, 205, 206, 207

5 CFR Part 737

Social Security Act, Secs. 206, 1631(d)(2)

Black Lung Benefits Act Sec. 413(b)

Regulations No. 4 Sec. 404.1705, No. 16 Sec. 416.1505, No. 10 Sec. 410.685

BASIC (12-81)

The conflict-of-interest provisions of title 18 of the U.S. Code provide in general that an employee or officer of the Federal government may not, with or without compensation, (except where his official duties require it) represent a party in connection with a claim against the U.S. However, a Federal employee or officer who is otherwise not prohibited by law from representing claimants before the Social Security Administration (SSA) may be permitted to represent a claimant before (SSA) under the specific conditions discussed in GN 03980.005 to GN 03980.040. In those situations where a Federal employee is allowed to act as the representative of a claimant, the procedures regarding appointment, etc., discussed in GN 03920.030 ff apply as well as those in GN 03980.005 ff.