5.5 Conflicts of Interest Flashcards
“What is a conflict of interest in SSA representation?”
“What is a conflict of interest in SSA representation?”
Answer: “Any situation where the representative’s personal interests interfere with their ability to advocate for the claimant.”
Explanation: “Conflicts may arise from representing multiple parties with opposing interests or from financial incentives.”
Source: CFR §404.1740(d)
“How should representatives handle potential conflicts of interest?”
“Disclose the conflict to all affected parties and, if necessary, withdraw from representation.”
Explanation: “Transparency ensures that claimants receive unbiased and effective advocacy.”
Case Scenario: Tom represents both a worker applying for SSDI and the employer in a workers’ compensation claim. Tom does not disclose this dual representation to either party.
Question: Is Tom’s behavior ethical?
Answer: No, Tom’s behavior is unethical because he failed to disclose a conflict of interest.
Legal Explanation: SSA representatives must:
Avoid conflicts of interest that impair their ability to act in the client’s best interests.
Disclose potential conflicts and obtain consent from affected parties.
Failure to address conflicts of interest violates SSA ethical rules.
Conflicts of Interest:
Representatives must disclose and resolve conflicts of interest.
Key Takeaways for Section 5
Code of Conduct:
Representatives must act honestly, competently, and in their client’s best interests.
Competent Representation:
Representatives must have sufficient knowledge of SSA rules and prepare adequately for cases.
Communication:
Representatives are required to keep clients informed and respond to inquiries promptly.
Fee Agreements:
SSA must approve all fees, and the 2025 fee cap is 25% of past-due benefits or $7,200.
Conflicts of Interest:
Representatives must disclose and resolve conflicts of interest.
Conflicts of Interest:
Representatives must disclose and resolve conflicts of interest.
