BASIC (12-81)

An employee of a State agency (DDS) which makes disability determinations pursuant to Sections 221 and 1614 of the Social Security Act is not an employee of the Federal Government. These individuals are employees of their respective State agencies, and as such are not subject to the prohibitions imposed upon Federal employees by the Federal conflict-of-interest statute.

These employees are not prohibited from serving as representatives of social security claimants by Federal law. They may however, be prohibited from such representation by State law or regulation. DDS employees seeking to be appointed as representatives should be accepted in accordance with GN 03920.030. The DDS employee should be informed that Federal law does not prohibit him from representing a social security claimant, but that such representation may be a violation of that particular State's government code.

A. Development-State Agency Employees

Any situation involving representation by DDS personnel will be reported to the DDS employee's employing office for its appropriate action. If the DDS employee otherwise qualifies as a representative, he must be accepted. If, after being appointed as the representative, the DDS employee reports to SSA that he is withdrawing as the claimant's representative, the claims folder will be documented accordingly. Prosecution of the claim will then proceed through the claimant or his subsequently appointed representative.