When we have evidence that a representative fails to meet our qualification requirements or has violated the rules governing dealings with us, we may begin proceedings to suspend or disqualify that individual from acting in a representational capacity before us. We may file charges seeking such sanctions when we have evidence that a representative:
(a) Does not meet the qualifying requirements described in § 404.1705;
(b) Has violated the affirmative duties or engaged in the prohibited actions set forth in § 404.1740;
(c) Has been convicted of a violation under section 206 of the Act;
(d) Has been, by reason of misconduct, disbarred or suspended from any bar or court to which he or she was previously admitted to practice (see § 404.1770(a));
(e) Has been, by reason of misconduct, disqualified from participating in or appearing before any Federal program or agency (see § 404.1770(a)); or
(f) Who, as a non-attorney, has been removed from practice or suspended by a professional licensing authority for reasons that reflect on the person's character, integrity, judgment, reliability, or fitness to serve as a fiduciary.
[63 FR 41416, Aug. 4, 1998, as amended at 71 FR 2876, Jan. 18, 2006; 83 FR 30855, July 2, 2018]
Notes of Decisions
United States ex rel. Griffith v. Conn, 117 F. Supp. 3d 961 (E.D. Ky. 2015).
· cites it 2× “Moreover, 20 C.F.R. § 404.1745 states that the SSA “may begin proceedings to suspend or disqualify” an “individual from acting in a representational capacity before” the SSA if the representative “[h]as been, by reason of misconduct, disqualified from- participating in or…”
Stanley v. Barnhart, 475 F. Supp. 2d 813 (E.D. Ark. 2007).
· cites it 5× “Plaintiff alleges that 20 C.F.R. § 404.1745 is violative of his due process rights because it imposes a “chilling effect” upon representatives seeking to have their attorney’s fees agreements administratively reviewed or those seeking to challenge the agency’s denial of their…”
Harry v. Colvin, 819 F.3d 112 (5th Cir. 2016).
· cites it 2× “1740(c), which may warrant proceedings of suspension or disqualification under 20 C.F.R. 404.1745. After years of attempting to collect the alleged overpayments to Harry, the SSA followed through on its warnings, and referred the three cases to the SSA’s Office of General…”
Drumheller v. Kijakazi (E.D. Va. 2022).
· cites it 2× “20 C.F.R. §§ 404.1745 (d), 416.1545(d). During those proceedings, SSA will consider only whether the representative was disbarred or suspended due to misconduct, and will not re-examine or revise the factual or legal conclusion that led to the disbarment or suspension.”
Benjamin S. v. Stephenie K. (Alaska 2024).
“, 20 C.F.R. § 404.1745 (2022) (“When we have evidence that a representative fails to meet our qualification requirements or has violated the rules governing dealings with us, we may begin proceedings to suspend or disqualify that individual .”
— 20 C.F.R. § 404.1745(b) — 2 cases
Harry v. Colvin, 819 F.3d 112 (5th Cir. 2016).
“1740(c), which may warrant proceedings of suspension or disqualification under 20 C.F.R. 404.1745. After years of attempting to collect the alleged overpayments to Harry, the SSA followed through on its warnings, and referred the three cases to the SSA’s Office of General…”
— 20 C.F.R. § 404.1745(e) — 1 case
United States ex rel. Griffith v. Conn, 117 F. Supp. 3d 961 (E.D. Ky. 2015).
“Moreover, 20 C.F.R. § 404.1745 states that the SSA “may begin proceedings to suspend or disqualify” an “individual from acting in a representational capacity before” the SSA if the representative “[h]as been, by reason of misconduct, disqualified from- participating in or…”
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