Getting on Social Security's Referral List

xmas12 · Joined: 23 Apr 2005 Posts: 60

Are private firms/attorneys allowed to be on the referral list Social Security gives claimants.
If so, how does one get on it?

David Traver · Posted: Tue Jul 08, 2008 12:41 am Post subject:

No,

It does not happen.

MikeWalters · Joined: 13 May 2004 Posts: 1196 Location: Cincinnati OH

ken_karlock · Joined: 01 Nov 2004 Posts: 128

I had a client walk in one time with a list of attorneys he had received from the hearing office. It was not the typical legal aid, nosscr, etc list but a list of the high volume attorneys in the area. I was surprised to say the least.

huellove · Guest

One field office I work with provides just such a list. As a matter of fact, I am on it.

MikeWalters · Joined: 13 May 2004 Posts: 1196 Location: Cincinnati OH

This is not intended as a flame, but rather as practical advice. I am no longer in private practice (in fact I work for an organization which both operates a referral service, and which qualifies as a legal service organization). If I was still in private practice, and if a local Social Security office (or an ODAR) was giving claimants a list of private attorneys in direct contradiction to the regulations, and last if I happened to be on the list, I would be inclined to keep that information to myself.

Phil Robinson · Joined: 12 May 2004 Posts: 725 Location: MA

When the members of NADR worked to get NADR onto the SSA lists the major effort was to insure that every list had both NADR and NOSSCR on those lists. There were some lists that were entirely lawyers by name and address. I thought wad had eliminated that problem, but from the last few comments I see that it still goes on and I also note that some folks on this board consider that gaming the system is not reportable.

huellove · Guest

to be quite honest, I never asked to be placed on the list. It was the policy of the lady who maintained the list to add anyone new she noticed to the list. The only way I found out I was on it was when I requested a copy.

Phil Robinson · Joined: 12 May 2004 Posts: 725 Location: MA

At the time that NADR was starting to feel its oats SSA had sent out a POMS transmission that a friend of mine at the SSA office in DC sent to me regarding the referral lists that OHA (ODAR) were supposed to provide to every one who asked about legal help. The preamble to the POMS transmit explained the agencies old policy on who or what could be listed and the new policy on who and what could be listed. At the end of the POMS was an example of what could go on the list and a statement on who and what could not go on.

here is the POMS

Identification Number GN 03910 TN 6 Effective Date: 11/27/2000
Intended Audience: See Transmittal Sheet
Originating Office: OHA
Title: Representation of Claimants
Type: POMS Transmittals

Program: Title II (RSI)
Reference:
Link To Reference:

Document:

TRANSMITTAL NO. 6 SSA Pub. No. 68-0203910 DECEMBER 2000 AUDIENCE:
DO/BO/TSC -- CR, CR TII, CR TXVI, FR, OA, OS, RR, SR PSC -- BA, CA,
CRTA, CS, DE, DEC, DS, ICDS, IES, ILPDS, IPDS, ISRA, PETE, RECONR
OCO-ODO-IND -- CATA, DS, ISTA, PCS, PETL, RECONR, RCOVTA OCO-ODO-SHARE
-- BA, CA, IS, RECOVR OCO-OIO -- BIES, CATA, CAQCR, PETL, RECONR, RECOVR
DDS -- DHU Originating Office:OHA
PROGRAM OPERATIONS MANUAL SYSTEM
Part 02 -- General
Chapter 039 - Representation and Attorney Fees
Subchapter 10 - Representation of Claimants

Background
Previously, to be included on a representation referral list, an
organization or its branch office had to be located in the Social
Security field office's (FO's) service area, or close to the FO's
service area if including the organization served the interest of
claimants. We believe the intent was that representation referral lists
provide locale-specific information. With the increased availability of
toll-free telephone service and Internet access, the location of an
organization is not relevant if the potential service provider is
conveniently located. Therefore, we are revising the criterion with
respect to an organization's location to encompass an organization that
is able to refer a claimant to a participating service provider located
in or close to the FO's service area.
Social Security Administration Office of Disability and Income Security
Programs SSA Pub. No. 68-0203910 Effective Date: Upon Receipt Selective
Distribution: B36/PSC To adjust quantity requirements, submit form
SSA-1296, "Request for Address or Distribution Change."
Explanation of Manual Changes

GN 03910.030 Advising Claimants Regarding Right to Representation
We have changed GN 03910.030A.3.a., second bullet, to explain that an
organization may be included on a representation referral list even if
it is not located in or close to the FO's service area if the
organization can refer a claimant to a participating service provider
located there. We also added an example to clarify this point.
We have stipulated in GN 03910.030A.3.b. that no for-profit firm or
organization may appear on a representation referral list.
We have changed GN 03910.030C. to allow the FO or TSC to provide SSA
Publication No. 05-10075, "Social Security and Your Right to
Representation," and the Form SSA-1696-U4 (Appointment of
Representative) to an unrepresented claimant who has contacted the FO or
TSC about requesting a hearing. We also added a cross-reference to GN
03103.010C., which describes other FO actions related to requests for
hearing.
We have changed GN 03910.030D. to clarify the need to advise claimants
who reside outside of the U.S. that a representative must obtain SSA's
authorization to charge and collect a fee.
We made other minor changes to reflect the shift from the "DO" and "BO"
designations to "FO," to promote consistency, and to reflect editorial
improvements noted in the Intercomponent Review Process.
GN 03910.090 Representation of Claimants - Exhibits
We have corrected the title of Exhibit 1 in the List of Exhibits to
match the title shown on the exhibit itself.
We also have changed Exhibit 1, the Model Representation Referral List,
to show that an organization included on the list is not necessarily
located in or near the office's service area.
03910.030 Advising Claimants Regarding Right to Representation
A. POLICY
Although SSA neither encourages nor discourages representation (see GN
03910.010B.), SSA:
∑ informs claimants of their right to be represented, if they choose, by
an attorney or non-attorney at each step of the administrative review
process; and
∑ provides more detailed information to claimants who inquire about
representation or who are not represented and request a hearing before
an administrative law judge (ALJ).
1. Advising Claimants of Options
The Social Security Act and regulations require that SSA notify any
claimant who is not represented by an attorney, and who receives an
adverse determination, about the options for obtaining attorney
representation and the availability, to qualifying claimants, of legal
services organizations that provide legal services free of charge (e.g.,
legal aid groups). In addition to these specific requirements, SSA's
policy is to inform any claimant who expresses an interest in being
represented, or who is unrepresented and requests a hearing before an
ALJ, of his or her options for obtaining representation.
The information SSA furnishes must be consistent with the basic policy
that SSA is neutral with respect to encouraging or discouraging
representation. SSA will not refer the claimant to a specific
organization, nor can SSA determine whether a claimant qualifies for
legal services free of charge. That determination is made by the legal
services organization under its own criteria.
2. Maintaining a Representation Referral List
The Social Security field office (FO) will maintain a representation
referral list of legal referral services, legal services organizations
(e.g., local bar associations, legal aid societies, legal service
corporations, and law schools with legal aid programs), and community
organizations that may provide non-attorney representation in the FO's
service area.
FOs will make the list available when providing information about
representation to persons who are not represented. When providing the
representation referral list, the FO will provide the entire list. The
FO will not recommend one referral service over another.
The FO will send the representation referral list, and any subsequent
deletions or additions, to the Office of Hearings and Appeals' hearing
office (HO) (Attention: HO Chief ALJ) in whose service area the FO is
located. The FO will obtain a copy of the HO's list of organizations for
comparison. The FO will update the representation referral list annually
and send the new list to the HO, and ask for any revisions in the HO
list. Each FO will keep a supply of copies on hand for distribution to
claimants. See the model representation referral list in GN 03910.090,
Exhibit 1.
3. Representation Referral List Criteria
The representation referral list will meet the following criteria.
a. Any organization included on the list, or its branch office, must:
∑ indicate a willingness to appear on the list;
∑ be located in the FO's service area or close to the FO's service area
(if including the organization serves the interest of claimants), or be
able to refer a claimant to a participating service provider located in
or close to the FO's service area; and
Example: The National Organization of Social Security Claimants'
Representatives (NOSSCR) asked to be included on the list used by FOs
and the HO in Seattle, Washington. NOSSCR, located in Midland Park, New
Jersey, is not in the service area or close to the service area.
However, because NOSSCR can refer a claimant to a participating service
provider located in the service area, NOSSCR may be included on the list
for Seattle.
∑ not make a profit from the referral service, although the organization
may charge a fee. (Nonprofit organizations sometimes charge fees to
cover expenses.)
b. No individual person (i.e., attorney or non-attorney) or any
for-profit firm or organization will appear on the list.
c. The list will show the organizations that provide free legal services
separately from the organizations that charge fees for services or make
referrals to service providers who charge fees. Each subcategory will
show the organizations in alphabetical order.
B. PROCEDURE - INITIAL OR RECONSIDERATION LEVEL
1. Claimant Contacts FO
Advise any unrepresented claimant who asks about representation, or
indicates that he or she has had, or anticipates having, difficulty
obtaining representation, as follows.
a. The claimant may be represented by an attorney or other qualified
person who will help the claimant and any witnesses:
∑ obtain evidence;
∑ prepare for any proceedings before SSA;
∑ develop his or her case if he or she wants additional assistance; and
∑ present his or her case in an administrative proceeding.
b. Explain to the claimant:
∑ how to appoint a representative (see GN 03910.040);
∑ a representative's authority to act on behalf of the claimant (see GN
03910.025); and
∑ the fee petition and fee agreement processes (see GN 03920.001 ff.).
c. Give or send the claimant:
∑ a copy of SSA Publication No. 05-10075, "Social Security and Your
Right to Representation";
∑ Form SSA-1696-U4 (Appointment of Representative) for use should he or
she decide to appoint a representative; and
∑ a copy of the representation referral list.
d. Document the claim file indicating that you advised the claimant
about his or her options for obtaining representation.
∑ If you complete a form or a screen stating that you furnished
information about representation to the claimant (e.g., a development
worksheet or the RCN2 screen in the Modernized Claim System (MCS)), this
constitutes documentation.
∑ If you do not complete a form or a screen stating that you furnished
information about representation to the claimant, either include an
annotated copy of the representation referral list in the claim file
(showing the claim number and the date that a copy was given to the
claimant), or document the file with a dated report of contact (RC). If
you do not have the claim file, send the annotated list or the RC to the
component that has the claim file.
2. Claimant Contacts Teleservice Center (TSC)
Take the following actions when an unrepresented claimant contacts the
TSC and either asks about representation or indicates that he or she has
had trouble obtaining representation.
a. Advise the claimant as provided in GN 03910.030B.1.a. and GN
03910.030B.1.b.
b. Annotate any material prepared (e.g., a lead, protective filing, RC)
to indicate that you advised the claimant of his or her right to
representation, and that the FO should furnish the claimant the
representation referral list.
C. PROCEDURE - HEARING LEVEL
Take the following actions when an unrepresented claimant contacts the
FO or TSC about requesting a hearing.
1. Advise the unrepresented claimant as in GN 03910.030B.1.a. and GN
03910.030B.1.b., whether or not he or she asks about representation.
2. You may give or send the claimant:
∑ a copy of SSA Publication No. 05-10075, "Social Security and Your
Right to Representation"; and
∑ a Form SSA-1696-U4 (Appointment of Representative) for use should he
or she decide to appoint a representative.
You need not provide a copy of the representation referral list because
the HO sends it when acknowledging receipt of the request for hearing
from an unrepresented claimant.
3. Document the file, or any material prepared, to indicate that you
advised the claimant of his or her right to representation as in GN
03910.030B.1.d. However, do not indicate that you furnished the
representation referral list unless you actually did so because of the
particular circumstances.
See GN 03103.010C. for other FO actions related to the request for
hearing.
D. PROCEDURE - CLAIMANT OUTSIDE U.S.
Advise an unrepresented claimant who asks about representation, or
indicates that he or she has had, or anticipates having, difficulty
obtaining representation, as in GN 03910.030B.1.a. and GN
03910.030B.1.b., GN 03910.030B.2., or GN 03910.030C., as appropriate.
Although the criminal provisions of section 206 of the Act have no
extra-territorial effect, advise claimants who reside outside the U.S.
that a representative must obtain SSA's authorization to charge and
collect a fee for services (see GN 03920.005).
03910.090 Representation of Claimants - Exhibits
LIST OF EXHIBITS
Exhibit 1 - Model Representation Referral List
Exhibit 2 - Form SSA-1696-U4 (Appointment of Representative)
Exhibit 3 - Form SSA-L1697-U3 (Notice to Representative of Claimant
Before the Social Security Administration)
Exhibit 4 - Form SSA-1128 (Representative Involved)
EXHIBIT 1 - MODEL REPRESENTATION REFERRAL LIST
IMPORTANT NOTICE
IF YOU WANT TO OBTAIN A PRIVATE ATTORNEY to represent you and you need
assistance in obtaining an attorney's services, you may contact one of
the organizations shown below. They can refer you to a private attorney
who is familiar with representing claimants before the Social Security
Administration. Some private attorneys may be willing to take your case
under an arrangement in which he or she will not charge a fee unless
your claim is allowed. The attorney must obtain the Social Security
Administration's authorization for any fee he or she wants to charge and
collect.
These organizations have indicated that they want to be included on this
list. The Social Security Administration has made no attempt to evaluate
their services.
NAME AND ADDRESS SERVICES
Lawyers Referral Services 629 Municipal Courts Building 111 N. Wilson
Street Anytown, USA Phone: 123-4561 Lawyers Referral Services825 South
Courthouse SquareAnyville, USAPhone: 123-4567 Serves claimants residing
in Anytown. Serves claimants residing in Anyplace County.
IF YOU ARE NOT ABLE TO PAY FOR REPRESENTATION and you believe you might
qualify for free legal representation, you should contact one of the
following organizations:
NAME AND ADDRESS SERVICES
Anyplace County LegalServices Organization 815 Wilmington Avenue
Anyplace, USA Phone: 123-4563 Serves claimants residing in Anyplace
County.
COMMUNITY ORGANIZATIONS that may provide you with non-attorney
representation are:
Veterans of Foreign Wars 100 Veterans Avenue Anyplace, USA Phone:
123-4564 Provides paralegals and other non-attorney representatives for
qualifying veterans who reside in the metropolitan Anyplace area.
Disabled American Veterans 100 Downtown Boulevard Anyville, USA Phone:
123-4565 Provides paralegals and other non-attorney representatives for
disabled American veterans residing in the metropolitan Anyville area.
Any State University Community Legal Clinic 100 University Boulevard
Anyville, USA Phone: 123-4566 Provides paralegals and other
non-attorney representatives for claimants living in southwestern Any
State.
Anytown University College of Law 100 College Avenue Anytown, USA Phone:
123-4567 Provides paralegals and other non-attorney representatives for
claimants living in greater Anytown.
EXHIBIT 2 - FORM SSA-1696-U4 (APPOINTMENT OF REPRESENTATIVE)

NO lawyer or person allowed to represent claimants, for profit Corporations or business entities can be listed on the referral sheets. While working to gey SSA to honoor its own POMS I discovered tat many offices in the South had law fiirms listed as well as individual attorneys and for profit organizations listed. By 2002 they were all pretty well culled out as was the problem of giving claimants a copy of telephone yellow pages listing lawyers,

What ethical reason should exist for an attorney to insure that people and groups that do not belong on the referral lists are
removed?

Phil Robinson · Joined: 12 May 2004 Posts: 725 Location: MA

At the time that NADR was starting to feel its oats SSA had sent out a POMS transmission that a friend of mine at the SSA office in DC sent to me regarding the referral lists that OHA (ODAR) were supposed to provide to every one who asked about legal help. The preamble to the POMS transmit explained the agencies old policy on who or what could be listed and the new policy on who and what could be listed. At the end of the POMS was an example of what could go on the list and a statement on who and what could not go on.

here is the POMS

Identification Number GN 03910 TN 6 Effective Date: 11/27/2000
Intended Audience: See Transmittal Sheet
Originating Office: OHA
Title: Representation of Claimants
Type: POMS Transmittals

Program: Title II (RSI)
Reference:
Link To Reference:

Document:

TRANSMITTAL NO. 6 SSA Pub. No. 68-0203910 DECEMBER 2000 AUDIENCE:
DO/BO/TSC -- CR, CR TII, CR TXVI, FR, OA, OS, RR, SR PSC -- BA, CA,
CRTA, CS, DE, DEC, DS, ICDS, IES, ILPDS, IPDS, ISRA, PETE, RECONR
OCO-ODO-IND -- CATA, DS, ISTA, PCS, PETL, RECONR, RCOVTA OCO-ODO-SHARE
-- BA, CA, IS, RECOVR OCO-OIO -- BIES, CATA, CAQCR, PETL, RECONR, RECOVR
DDS -- DHU Originating Office:OHA
PROGRAM OPERATIONS MANUAL SYSTEM
Part 02 -- General
Chapter 039 - Representation and Attorney Fees
Subchapter 10 - Representation of Claimants

Background
Previously, to be included on a representation referral list, an
organization or its branch office had to be located in the Social
Security field office's (FO's) service area, or close to the FO's
service area if including the organization served the interest of
claimants. We believe the intent was that representation referral lists
provide locale-specific information. With the increased availability of
toll-free telephone service and Internet access, the location of an
organization is not relevant if the potential service provider is
conveniently located. Therefore, we are revising the criterion with
respect to an organization's location to encompass an organization that
is able to refer a claimant to a participating service provider located
in or close to the FO's service area.
Social Security Administration Office of Disability and Income Security
Programs SSA Pub. No. 68-0203910 Effective Date: Upon Receipt Selective
Distribution: B36/PSC To adjust quantity requirements, submit form
SSA-1296, "Request for Address or Distribution Change."
Explanation of Manual Changes

GN 03910.030 Advising Claimants Regarding Right to Representation
We have changed GN 03910.030A.3.a., second bullet, to explain that an
organization may be included on a representation referral list even if
it is not located in or close to the FO's service area if the
organization can refer a claimant to a participating service provider
located there. We also added an example to clarify this point.
We have stipulated in GN 03910.030A.3.b. that no for-profit firm or
organization may appear on a representation referral list.
We have changed GN 03910.030C. to allow the FO or TSC to provide SSA
Publication No. 05-10075, "Social Security and Your Right to
Representation," and the Form SSA-1696-U4 (Appointment of
Representative) to an unrepresented claimant who has contacted the FO or
TSC about requesting a hearing. We also added a cross-reference to GN
03103.010C., which describes other FO actions related to requests for
hearing.
We have changed GN 03910.030D. to clarify the need to advise claimants
who reside outside of the U.S. that a representative must obtain SSA's
authorization to charge and collect a fee.
We made other minor changes to reflect the shift from the "DO" and "BO"
designations to "FO," to promote consistency, and to reflect editorial
improvements noted in the Intercomponent Review Process.
GN 03910.090 Representation of Claimants - Exhibits
We have corrected the title of Exhibit 1 in the List of Exhibits to
match the title shown on the exhibit itself.
We also have changed Exhibit 1, the Model Representation Referral List,
to show that an organization included on the list is not necessarily
located in or near the office's service area.
03910.030 Advising Claimants Regarding Right to Representation
A. POLICY
Although SSA neither encourages nor discourages representation (see GN
03910.010B.), SSA:
∑ informs claimants of their right to be represented, if they choose, by
an attorney or non-attorney at each step of the administrative review
process; and
∑ provides more detailed information to claimants who inquire about
representation or who are not represented and request a hearing before
an administrative law judge (ALJ).
1. Advising Claimants of Options
The Social Security Act and regulations require that SSA notify any
claimant who is not represented by an attorney, and who receives an
adverse determination, about the options for obtaining attorney
representation and the availability, to qualifying claimants, of legal
services organizations that provide legal services free of charge (e.g.,
legal aid groups). In addition to these specific requirements, SSA's
policy is to inform any claimant who expresses an interest in being
represented, or who is unrepresented and requests a hearing before an
ALJ, of his or her options for obtaining representation.
The information SSA furnishes must be consistent with the basic policy
that SSA is neutral with respect to encouraging or discouraging
representation. SSA will not refer the claimant to a specific
organization, nor can SSA determine whether a claimant qualifies for
legal services free of charge. That determination is made by the legal
services organization under its own criteria.
2. Maintaining a Representation Referral List
The Social Security field office (FO) will maintain a representation
referral list of legal referral services, legal services organizations
(e.g., local bar associations, legal aid societies, legal service
corporations, and law schools with legal aid programs), and community
organizations that may provide non-attorney representation in the FO's
service area.
FOs will make the list available when providing information about
representation to persons who are not represented. When providing the
representation referral list, the FO will provide the entire list. The
FO will not recommend one referral service over another.
The FO will send the representation referral list, and any subsequent
deletions or additions, to the Office of Hearings and Appeals' hearing
office (HO) (Attention: HO Chief ALJ) in whose service area the FO is
located. The FO will obtain a copy of the HO's list of organizations for
comparison. The FO will update the representation referral list annually
and send the new list to the HO, and ask for any revisions in the HO
list. Each FO will keep a supply of copies on hand for distribution to
claimants. See the model representation referral list in GN 03910.090,
Exhibit 1.
3. Representation Referral List Criteria
The representation referral list will meet the following criteria.
a. Any organization included on the list, or its branch office, must:
∑ indicate a willingness to appear on the list;
∑ be located in the FO's service area or close to the FO's service area
(if including the organization serves the interest of claimants), or be
able to refer a claimant to a participating service provider located in
or close to the FO's service area; and
Example: The National Organization of Social Security Claimants'
Representatives (NOSSCR) asked to be included on the list used by FOs
and the HO in Seattle, Washington. NOSSCR, located in Midland Park, New
Jersey, is not in the service area or close to the service area.
However, because NOSSCR can refer a claimant to a participating service
provider located in the service area, NOSSCR may be included on the list
for Seattle.
∑ not make a profit from the referral service, although the organization
may charge a fee. (Nonprofit organizations sometimes charge fees to
cover expenses.)
b. No individual person (i.e., attorney or non-attorney) or any
for-profit firm or organization will appear on the list.
c. The list will show the organizations that provide free legal services
separately from the organizations that charge fees for services or make
referrals to service providers who charge fees. Each subcategory will
show the organizations in alphabetical order.
B. PROCEDURE - INITIAL OR RECONSIDERATION LEVEL
1. Claimant Contacts FO
Advise any unrepresented claimant who asks about representation, or
indicates that he or she has had, or anticipates having, difficulty
obtaining representation, as follows.
a. The claimant may be represented by an attorney or other qualified
person who will help the claimant and any witnesses:
∑ obtain evidence;
∑ prepare for any proceedings before SSA;
∑ develop his or her case if he or she wants additional assistance; and
∑ present his or her case in an administrative proceeding.
b. Explain to the claimant:
∑ how to appoint a representative (see GN 03910.040);
∑ a representative's authority to act on behalf of the claimant (see GN
03910.025); and
∑ the fee petition and fee agreement processes (see GN 03920.001 ff.).
c. Give or send the claimant:
∑ a copy of SSA Publication No. 05-10075, "Social Security and Your
Right to Representation";
∑ Form SSA-1696-U4 (Appointment of Representative) for use should he or
she decide to appoint a representative; and
∑ a copy of the representation referral list.
d. Document the claim file indicating that you advised the claimant
about his or her options for obtaining representation.
∑ If you complete a form or a screen stating that you furnished
information about representation to the claimant (e.g., a development
worksheet or the RCN2 screen in the Modernized Claim System (MCS)), this
constitutes documentation.
∑ If you do not complete a form or a screen stating that you furnished
information about representation to the claimant, either include an
annotated copy of the representation referral list in the claim file
(showing the claim number and the date that a copy was given to the
claimant), or document the file with a dated report of contact (RC). If
you do not have the claim file, send the annotated list or the RC to the
component that has the claim file.
2. Claimant Contacts Teleservice Center (TSC)
Take the following actions when an unrepresented claimant contacts the
TSC and either asks about representation or indicates that he or she has
had trouble obtaining representation.
a. Advise the claimant as provided in GN 03910.030B.1.a. and GN
03910.030B.1.b.
b. Annotate any material prepared (e.g., a lead, protective filing, RC)
to indicate that you advised the claimant of his or her right to
representation, and that the FO should furnish the claimant the
representation referral list.
C. PROCEDURE - HEARING LEVEL
Take the following actions when an unrepresented claimant contacts the
FO or TSC about requesting a hearing.
1. Advise the unrepresented claimant as in GN 03910.030B.1.a. and GN
03910.030B.1.b., whether or not he or she asks about representation.
2. You may give or send the claimant:
∑ a copy of SSA Publication No. 05-10075, "Social Security and Your
Right to Representation"; and
∑ a Form SSA-1696-U4 (Appointment of Representative) for use should he
or she decide to appoint a representative.
You need not provide a copy of the representation referral list because
the HO sends it when acknowledging receipt of the request for hearing
from an unrepresented claimant.
3. Document the file, or any material prepared, to indicate that you
advised the claimant of his or her right to representation as in GN
03910.030B.1.d. However, do not indicate that you furnished the
representation referral list unless you actually did so because of the
particular circumstances.
See GN 03103.010C. for other FO actions related to the request for
hearing.
D. PROCEDURE - CLAIMANT OUTSIDE U.S.
Advise an unrepresented claimant who asks about representation, or
indicates that he or she has had, or anticipates having, difficulty
obtaining representation, as in GN 03910.030B.1.a. and GN
03910.030B.1.b., GN 03910.030B.2., or GN 03910.030C., as appropriate.
Although the criminal provisions of section 206 of the Act have no
extra-territorial effect, advise claimants who reside outside the U.S.
that a representative must obtain SSA's authorization to charge and
collect a fee for services (see GN 03920.005).
03910.090 Representation of Claimants - Exhibits
LIST OF EXHIBITS
Exhibit 1 - Model Representation Referral List
Exhibit 2 - Form SSA-1696-U4 (Appointment of Representative)
Exhibit 3 - Form SSA-L1697-U3 (Notice to Representative of Claimant
Before the Social Security Administration)
Exhibit 4 - Form SSA-1128 (Representative Involved)
EXHIBIT 1 - MODEL REPRESENTATION REFERRAL LIST
IMPORTANT NOTICE
IF YOU WANT TO OBTAIN A PRIVATE ATTORNEY to represent you and you need
assistance in obtaining an attorney's services, you may contact one of
the organizations shown below. They can refer you to a private attorney
who is familiar with representing claimants before the Social Security
Administration. Some private attorneys may be willing to take your case
under an arrangement in which he or she will not charge a fee unless
your claim is allowed. The attorney must obtain the Social Security
Administration's authorization for any fee he or she wants to charge and
collect.
These organizations have indicated that they want to be included on this
list. The Social Security Administration has made no attempt to evaluate
their services.
NAME AND ADDRESS SERVICES
Lawyers Referral Services 629 Municipal Courts Building 111 N. Wilson
Street Anytown, USA Phone: 123-4561 Lawyers Referral Services825 South
Courthouse SquareAnyville, USAPhone: 123-4567 Serves claimants residing
in Anytown. Serves claimants residing in Anyplace County.
IF YOU ARE NOT ABLE TO PAY FOR REPRESENTATION and you believe you might
qualify for free legal representation, you should contact one of the
following organizations:
NAME AND ADDRESS SERVICES
Anyplace County LegalServices Organization 815 Wilmington Avenue
Anyplace, USA Phone: 123-4563 Serves claimants residing in Anyplace
County.
COMMUNITY ORGANIZATIONS that may provide you with non-attorney
representation are:
Veterans of Foreign Wars 100 Veterans Avenue Anyplace, USA Phone:
123-4564 Provides paralegals and other non-attorney representatives for
qualifying veterans who reside in the metropolitan Anyplace area.
Disabled American Veterans 100 Downtown Boulevard Anyville, USA Phone:
123-4565 Provides paralegals and other non-attorney representatives for
disabled American veterans residing in the metropolitan Anyville area.
Any State University Community Legal Clinic 100 University Boulevard
Anyville, USA Phone: 123-4566 Provides paralegals and other
non-attorney representatives for claimants living in southwestern Any
State.
Anytown University College of Law 100 College Avenue Anytown, USA Phone:
123-4567 Provides paralegals and other non-attorney rep