20 C.F.R. § 416.1505

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) of this chapter), or any crime involving moral turpitude, dishonesty, false statement, misrepresentations, deceit, or theft.

(c) Your representative(s) must be registered with us in the manner we prescribe.

(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 52106, Aug. 5, 1980, as amended at 76 FR 80247, Dec. 23, 2011; 83 FR 30857, July 2, 2018; 89 FR 67555, Aug. 21, 2024]
Notes of Decisions
Cited in 22 cases (6 in the last 5 years), 1979–2026 · leading case: Patricia MacHadio v. Kenneth S. Apfel, Commissioner of Social Security
Patricia MacHadio v. Kenneth S. Apfel, Commissioner of Social Security (2002) ca2 · cites it 2× “20 C.F.R. § 416.1505 (b). The representative has the power to obtain information, submit evidence, make statements about facts and law, and make any request in the proceedings before the Commissioner.”
Ellison v. Barnhart (2003) ca11 “1981) (stating that “the ALJ’s ‘basic obligation to develop a full and fair record rises to a special duty when an unrepresented claimant unfamiliar with hearing procedures appears before him’ ”); 20 C.F.R. § 416.1505 (providing that a claimant may be represented by an attorney…”
Adams Ex Rel. D.J.W. v. Astrue (2011) ca10 “The Second Circuit also noted that non-attorneys who meet the standards in 20 C.F.R. § 416.1505 are allowed to represent a claimant in administrative proceedings, “reflecting a view that such proceedings do not necessarily present the complexities present in other kinds of…”
Vapne v. Apfel (2002) ca2 “§ 406 ; see also 20 C.F.R. § 416.1505 (b). And nothing in the record indicates that there was a substantial change in Genrikh’s ability to represent his wife between those administrative proceedings and this appeal.”
Tindall v. Poultney High School District (2005) ca2 · cites it 2× “ourt’s ruling allowing a nonattorney parent to represent her child in challenging the denial of Supplemental Security Income (“SSI”) benefits, we noted not only that the interests of the parent and the child were intertwined, but also that a nonattorney parent’s representation…”
Salazar v. Barnhart (2004) nmd “She states that there were additional counseling records, medical reports from a psychiatric hospitalization from Las Vegas Medical Center, and treatment records from Dr.”
Yulling v. Califano (1979) nysd “20 C.F.R. § 416.1505 . In this case, however, the notice of administrative action was sent to Mr.”
Works v. Commissioner of Social Security (2012) ohsd “Courts which have addressed this specific issue have noted that non-attorney parents may represent their children in administrative proceedings before the Commissioner, see 20 C.F.R. § 416.1505 (b), and have also considered persuasive the fact that custodial parents often have a…”
Allen v. Berryhill (2017) ca10 “Allen’s first attorney. First, we emphasize that, contrary to what Mr.”
Iwachniuk v. Chater (1996) ilnd “20 C.F.R. § 416.1505 . The Social Security regulations require the factfinder to follow a five-step inquiry to determine whether a claimant is disabled.”
Brewer v. Chater (1995) ilnd “20 C.F.R. § 416.1505 . The Social Security regulations require the factfinder to follow a five-step inquiry to *1340 determine whether a claimant is disabled.”
Maurice A. L., as Parent/Guardian and Next of Friend of E.M.L. v. Commissioner of Social Security (2026) iand · cites it 2× “On March 17, 2026, I directed Plaintiff to “file a statement via letter or brief demonstrating that he meets the standard for competent, non-attorney representation as described in 20 C.F.R. § 416.1505 .” (Doc. 12 at 4.) In the Order, I explained that: [Plaintiff’s],…”
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