20 C.F.R. § 404.1705

Who may be your representative

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(a) You may appoint as your representative in dealings with us, any attorney in good standing who—

(1) Has the right to practice law before a court of a State, Territory, District, or island possession of the United States, or before the Supreme Court or a lower Federal court of the United States;

(2) Is not disqualified or suspended from acting as a representative in dealings with us; and

(3) Is not prohibited by any law from acting as a representative.

(b) You may appoint any person who is not an attorney to be your representative in dealings with us if the person—

(1) Is capable of giving valuable help to you in connection with your claim;

(2) Is not disqualified or suspended from acting as a representative in dealings with us;

(3) Is not prohibited by any law from acting as a representative; and

(4) Is generally known to have a good character and reputation. Persons lacking good character and reputation, include, but are not limited to, persons who have a final conviction of a felony (as defined by § 404.1506(c)) or any crime involving moral turpitude, dishonesty, false statements, misrepresentation, deceit, or theft.

(d) We may refuse to recognize your chosen representative if the person does not meet the requirements in this section. We will notify you and the proposed representative if we do not recognize the person as your representative.

[45 FR 52090, Aug. 5, 1980, as amended at 76 FR 80245, Dec. 23, 2011; 83 FR 30854, July 2, 2018; 89 FR 67554, Aug. 21, 2024]

Notes of Decisions

Cited in 54 cases (19 in the last 5 years), 1985–2026 · leading case: Moran v. Astrue

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Moran v. Astrue (2009) ca2 “§ 406 ; 20 C.F.R. § 404.1705 . If properly informed of this right, a claimant may waive it.”

Lamay v. Commissioner of Social SEC. (2009) ca2 “Lamay contends that her waiver of counsel was invalid because she was not given important information relevant to her decision to proceed pro se.”

Marasco & Nesselbush, LLP v. Collins (2021) ca1 · cites it 2× “§ 406 ("Representation of claimants before Commissioner"); 20 C.F.R. §§ 404.1705 ("Who may be your representative"); 404.”

Beth Lee v. Commissioner of Social Security (2013) ca6 “” 20 C.F.R. § 404.1705 (b); see also 42 U.S.”

Jimmie L. BROWN, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary, Health and Human Services, Defendant-Appellee (1995) ca11 “20 C.F.R. § 404.1705 (b). 4 . The medical reports submitted by Dr.”

Rutkowski v. Astrue (2010) ca2 “§ 1383 (d)(2)(D); see also 20 C.F.R. §§ 404.1705 , 404.1706. The ALJ must also ensure, at the hearing itself, that the claimant is aware of these rights.”

Mandziej v. Chater (1996) nhd “Lack of Representation by Counsel Plaintiff suggests, without actually expressly stating, that his waiver of the right to counsel at the hearing was ineffective. See Plaintiffs Memorandum at 11, n.”

Beth v. Astrue (2007) wied · cites it 2× “8 Although the Commissioner allows non-lawyers to represent claimants in social security proceedings, 20 C.F.R. § 404.1705 , 9 the Seventh Circuit has made clear that the statutory right, which may be intelligently waived, is not simply to representation, but *1001…”

Vivaritas v. Commissioner of Social Security (2008) ca3 “§ 406 ; 20 C.F.R. § 404.1705 . The claimant must be given notice of the right to counsel and can waive this right only by a knowing and intelligent waiver.”

Margaret Kidd v. Commissioner of Social Securit (2008) ca6 “§ 406 (a); 20 C.F.R. § 404.1705 (b). “Rather, we examine each case on its own merits to determine whether the ALJ failed to fully develop the record and therefore denied the claimant a full and fair hearing.”

Andrews v. Astrue (2013) txnd “§ 406 ; 20 C.F.R. §§ 404.1705 , 416.1505; Castillo v.”

Cordoba v. Massanari (2001) ca10 “§ 406 (a)(1); 20 C.F.R. § 404.1705 (b). Non-attorneys, unlike attorneys, must sign a written notice of appointment as a claimant's representative.”

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— 20 C.F.R. § 404.1705(b)(1) — 1 case

Hamilton v. Saul (2020) nynd

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