LA County Referral Service Wants a Copy of the Notice of Award

The Los Angeles Lawyer Referral and Information Service does not trust lawyers to pay the 15% referral fees owed to it for referring a client.  the LRIS wants a copy of the notice of award from the Social Security Administration.  I told them, "no."  I would rather get no referrals from the LRIS than get a referral to the Office of General Counsel for violating the rules of conduct. 

The regulations provide for rules of conduct and stands of responsibility for representatives.  Under subsection (c), SSA lists 13 prohibited actions.  Paragraph (c)(5) states that a representative must not:

(5) Divulge, without the claimant's consent, except as may be authorized by regulations prescribed by us or as otherwise provided by Federal law, any information we furnish or disclose about a claim or prospective claim.

When the LRIS wants a copy of the notice of award, the LRIS has asked for information that the representative possesses that SSA furnished about a claim.  Divulging that information without the consent of the claimant is a violation of (c)(5). 

LRIS tells me that other lawyers turn over the notice of award.  That some other lawyer is unaware or doesn't care about the regulation -- that is not my concern. 

This refusal to turn over the records provided by SSA applies to answering a subpoena duces tecum from a civil suit -- that is unaccompanied by a release or authorization signed by the claimant.  This position would not apply to turning over the records that the representative accumulated in anticipation of the claim. 

Be careful divulging information provided by SSA about your client.  It could be a violation of the regulation and a cause for discipline.