The Ethical and Professional Issues Raised by the New Regulations

This On-Demand Ethics session recorded September 2017, has been accepted to fulfill the FY 18 CE requirement for Non-Attorney Representative Education.

The new regulations published by Social Security over the last three years have enhanced and focused the ethical obligations of representatives. This session will address questions concerning the gathering and production of evidence, submission to Social Security, zealous advocacy, and how to handle administrative duties in a claim that also involves a criminal fraud investigation.  The “five-day” rule of 20 C.F.R. 404.935, “all-evidence” rule of 20 C.F.R 404.1512, and the rules of conduct in 20 C.R.R 404.1740 must all be considered together with state-bar ethics duties.  Those duties must be analyzed with an understanding of Social Security’s reliance on the Supremacy Clause. This session will also outline several minimum standards for professional conduct in a Social Security matter, including accessing claim files electronically, constant monitoring of changes to the electronic file and claim status, early submission of evidence, and practical ways to assist the claimant by assisting the ALJ.