Last month, SSA quietly made some changes to POMS GN 03970.010, Rules of Conduct and Standards of Responsibility for Representatives.

While our duties remain the same, they did add some clarifying language regarding disclosures in Section 5:

5. Disclose required information about submitted medical or vocational opinions.

This affirmative duty requires a representative to disclose the following information to us in writing at the time they submit a medical or vocational opinion to us or as soon as the representative is aware of the submission that:

• The representative’s employee or any individual contracting with the representative drafted, prepared, or issued the medical or vocational opinion; or

• The representative referred or suggested that the claimant seek an examination from, treatment by, or the assistance of, the individual providing the opinion evidence.

NOTE 1: The agency must report to the Office of Management and Budget (OMB) the number of disclosures received pursuant to 20 CFR 404.1740(b)(5)-(9) and 416.1540(b)(5)-(9) and outlined here in GN 03970.010B.5-9. To assist with disclosure reporting requirements, staff at all levels of case adjudication should ensure that any disclosures described in this subsection (GN 03970.010B.5) are filed into the electronic claim(s) file (EDCS/eView) using the document type “Required Disclosure – Medical (3076)” or “Required Disclosure – Vocational (1088),” depending on the type of evidence submitted with the disclosure, using appropriate processing procedures.

NOTE 2: A representative must submit a separate disclosure each time they submit opinion evidence that meets the requirements in 20 CFR 404.1740(b)(5) and 416.1540(b)(5) and described in this subsection. A single disclosure for multiple opinions that meet those requirements is not sufficient.

NOTE 3: “Contracting” means entering into an agreement with the representative to assist with representation or provide evidence or information pertinent to the claim.

Please ensure that your internal operating procedures include providing the proper disclosures when submitting medical and vocational opinion evidence.