20 C.F.R. § 404.1706
Notification of options for obtaining attorney representation
If you are not represented by an attorney and we make a determination or decision that is subject to the administrative review process provided under subpart J of this part and it does not grant all of the benefits or other relief you requested or it adversely affects any entitlement to benefits that we have established or may establish for you, we will include with the notice of that determination or decision information about your options for obtaining an attorney to represent you in dealing with us. We will also tell you that a legal services organization may provide you with legal representation free of charge if you satisfy the qualifying requirements applicable to that organization.
Notes of Decisions
Cited in 28
cases (12 in the last 5 years), 1996–2026 · leading case: Christopher Jozefyk v. Nancy Berryhill, 923 F.3d 492 (7th Cir. 2019).
Christopher Jozefyk v. Nancy Berryhill, 923 F.3d 492 (7th Cir. 2019). “§ 1383 (d)(2)(D) ; 20 C.F.R. § 404.1706 ; see also Lamay v. Comm'r of Soc.”
Brown v. Comm'r of the Soc. Sec. Admin., 245 F. Supp. 2d 1175 (D. Kan. 2003). “” 9 The pertinent regulation, 20 C.F.R. § 404.1706 , contains a similar notification provision.”
Lamay v. Comm'r of Soc. SEC., 562 F.3d 503 (2d Cir. 2009). “The applicable statute and regulations state that, when notifying a claimant of an adverse determination, the Commissioner of Social Security (or his agent for these purposes) must “notify [the] claimant in writing” of (1) her “options for obtaining [an] attorney[ ] to represent…”
Nelda CARTER, Plaintiff-Appellant, v. Shirley S. CHATER, Comm'r of Soc. Sec., Defendant-Appellee, 73 F.3d 1019 (10th Cir. 1996). “While the customary and better practice would seem to be to place .both the advisement and the waiver on the record during the hearing, neither the pertinent statute, see 42 U.”
Roberts v. Comm'r of the Soc. Sec. Admin., 644 F.3d 931 (9th Cir. 2011). “§ 406 (c); see also 20 C.F.R. § 404.1706 . Roberts does not contend that this statutory requirement was not met here, nor would he have any basis for doing so.”
Frank v. Chater, 924 F. Supp. 416 (E.D.N.Y 1996). “20 C.F.R. §§ 404.1706 , 416.1506. Thus, although the Act and accompanying regulations do not create an entitlement to counsel in a benefits proceeding, they do require that a claimant receive notification regarding the options for obtaining counsel.”
Jaramillo v. Massanari, 21 F. App'x 792 (10th Cir. 2001). “Jaramillo admitted she had been sent a notice advising her of her right to representation and she waived that right.”
Snyder v. Barnhart, 323 F. Supp. 2d 542 (S.D.N.Y. 2004). “§§ 406 (c), 1383(d)(2)(B); 20 C.F.R. §§ 404.1706 , 416.1606. Under these standards, the notice here was certainly sufficient: Snyder not only acknowledged his right to representation in his request for reconsideration of the initial denial, he also received written notice of…”
Pardini v. Kijakazi (N.D. Cal. 2023). “§ 406 (c); see also 20 C.F.R. § 404.1706 . This notification must “also advise the 16 claimant of the availability to qualifying claimants of legal services organizations which provide 17 legal services free of charge.”
Martinez-Maldonado v. Comm'r of Soc. Sec. (D.P.R. 2024). “§ 406 (c); 20 C.F.R. § 404.1706 . Claimants can nonetheless waive their right to representation.”
Steward v. Barnhart, 222 F. Supp. 2d 60 (D. Me. 2002). “This notice met the requirements of 20 C.F.R. §§ 404.1706 and 416.1506. 3 . In this regard, the plaintiffs testimony at the hearing was that he felt that he could not go back to work as of November 1998 because "towards that time my psoriasis was getting worse again.”
Christopher Jozefyk v. Nancy Berryhill (7th Cir. 2019). “§ 1383 (d)(2)(D); 20 C.F.R. § 404.1706 ; see also Lamay v. Comm’r of Soc.”
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