Yes, a non-lawyer can represent you in many administrative hearings, but the right isn’t universal and it isn’t set by a single law. Non-lawyer representation in administrative hearings is governed agency by agency, so whether someone who isn’t an attorney can speak for you — and what they’re allowed to do once appointed — depends entirely on which agency is hearing your case. Non-attorney advocates routinely handle Social Security disability claims, IRS disputes, immigration matters, VA benefits appeals, and state-level unemployment and workers’ compensation hearings.
What the Law Actually Says
The Administrative Procedure Act, at 5 U.S.C. § 555(b), lets a person appearing before an agency be “accompanied, represented, and advised by counsel or, if permitted by the agency, by other qualified representative.”1Office of the Law Revision Counsel. 5 USC 555 – Ancillary Matters The phrase “if permitted by the agency” carries the weight. The same statute expressly says it “does not grant or deny a person who is not a lawyer the right to appear for or represent others before an agency.” Each agency decides for itself.
That’s why the answer to “can a non-lawyer represent me?” always depends on the forum. A representative fully qualified to argue a disability case at Social Security has no automatic standing at the IRS, in immigration court, or at the VA.
Where Non-Lawyers Can Represent You
Social Security Disability Claims
The Social Security Administration is the most developed setting for non-attorney representation. Non-attorney representatives can handle claims at every administrative level, from initial applications through hearings before Administrative Law Judges. To receive direct payment from SSA, they must meet education requirements, pass a written examination, carry professional liability insurance, and complete continuing education each year.2Social Security Administration. Direct Payment to Eligible Non-Attorney Representatives
Tax Matters Before the IRS
The IRS recognizes Enrolled Agents as authorized practitioners under Treasury Department Circular No. 230.3Internal Revenue Service. Treasury Department Circular No. 230 – Regulations Governing Practice Before the Internal Revenue Service Enrolled Agents can represent taxpayers in audits, collections, and appeals — the same proceedings where CPAs and attorneys practice. They earn the credential by passing a three-part Special Enrollment Examination and clearing a suitability check covering tax compliance and criminal history.4Internal Revenue Service. Become an Enrolled Agent
Immigration Proceedings
In immigration court, non-lawyers can represent respondents only if they are accredited representatives of a recognized nonprofit organization. The organization must be a nonprofit that primarily serves low-income clients, holds federal tax-exempt status, and can show adequate access to immigration law knowledge.5eCFR. 8 CFR Part 1292 – Recognition of Organizations and Accreditation of Representatives A “fully accredited” representative can practice before Immigration Courts, the Board of Immigration Appeals, and the Department of Homeland Security. A “partially accredited” representative is limited to DHS proceedings.6eCFR. 8 CFR 1292.1 – Representation of Others There is no path to freelance immigration representation; the organizational affiliation is a prerequisite.
Veterans’ Benefits Appeals
VA-accredited claims agents can represent veterans in benefits disputes. Accreditation requires filing VA Form 21a with employment history and character references, demonstrating good character, and scoring at least 75 percent on the VA’s written examination. No applicant can sit for the exam more than twice in any six-month period.7eCFR. 38 CFR 14.629 – Requirements for Accreditation of Service Organization Representatives, Agents, and Attorneys Felony convictions, misdemeanors involving fraud or theft, and prior disbarment or ethical suspension can disqualify an applicant.
State-Level Hearings
Many states allow non-lawyer representation in unemployment insurance appeals and workers’ compensation hearings. Rules, qualifications, and fee structures vary by state. In some jurisdictions, a family member or union representative can appear with minimal formality. In others, representatives must register with the state agency. Check with the specific agency handling your case before assuming a non-lawyer can appear for you.
How to Appoint One
Each agency uses its own form. You’ll need your representative’s full legal name, mailing address, telephone number, and, in some cases, a professional identification number such as an SSA Representative ID or a Preparer Tax Identification Number.
- For Social Security claims, submit Form SSA-1696, Claimant’s Appointment of a Representative. A signed written statement designating the person also works.8Social Security Administration. Form SSA-1696 – Claimant’s Appointment of a Representative
- For tax matters, use IRS Form 2848, Power of Attorney and Declaration of Representative. The person you authorize must already be eligible to practice before the IRS.9Internal Revenue Service. About Form 2848, Power of Attorney and Declaration of Representative
- For immigration cases, accredited representatives file Form G-28, Notice of Entry of Appearance, which requires the name of the recognized organization and the date of accreditation.10U.S. Citizenship and Immigration Services. Instructions for Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative
Whichever form applies, define the scope of authority clearly. A representative authorized for one claim doesn’t automatically get access to your other cases. Once the form is on file, the agency generally routes correspondence to your representative and grants them file access. Most agencies now prefer electronic submission; SSA points claimants and representatives to its Electronic Records Express system for disability claims.11Social Security Administration. Electronic Records Express Keep a copy of the signed form and proof of delivery. Until the appointment is on file, the representative can’t act for you.
What Your Representative Can Do at the Hearing
Once formally recognized, a non-lawyer representative’s procedural powers closely mirror what an attorney would have in the same proceeding. They can:
- Review your entire case file, including medical and financial records, to spot evidentiary gaps before the hearing.12U.S. Department of Health & Human Services. Guidance on Personal Representatives
- Request additional documents from third parties and submit evidence and exhibits into the official record.
- Present your case to the Administrative Law Judge through opening statements and closing arguments.
- Question witnesses, including agency-called experts. In Social Security hearings, this often means cross-examining vocational or medical experts on your functional limitations or work capacity.
- Sign and file written motions and other papers on your behalf in proceedings before the Office of Administrative Law Judges. By signing, the representative certifies that the filing is not for an improper purpose and that factual contentions have evidentiary support.13eCFR. 29 CFR 18.35 – Signing Motions and Other Papers, Representations to the Judge, Sanctions
What It Costs
Non-lawyer fees are regulated in most federal settings, and the structures vary.
Social Security
SSA uses two fee processes. Under the more common fee agreement process, the representative’s fee cannot exceed the lesser of 25 percent of past-due benefits or a dollar cap set by the Commissioner. The cap is $9,200 for favorable decisions issued on or after November 30, 2024, and the agreement must be submitted before the first favorable decision.14Social Security Administration. Fee Agreements The statutory basis is 42 U.S.C. § 406.15Office of the Law Revision Counsel. 42 USC 406 – Representation of Claimants
Alternatively, a representative without an approved fee agreement can file a fee petition after services end, detailing dates, services, and time spent. SSA authorizes a “reasonable” fee based on the petition — there’s no fixed dollar cap on that path, but SSA reviews and can reduce the request.16Social Security Administration. The Fee Petition Process The two processes aren’t interchangeable for the same claim.
Veterans’ Benefits
VA-accredited claims agents and attorneys cannot charge any fee for assisting with initial claims. For appeals after the VA has decided the initial claim, fees cannot exceed 20 percent of the calculated retroactive benefits before other withholdings. If actual backpay after withholdings falls short, the VA pays the difference to the representative from VA funds.17U.S. Department of Veterans Affairs. Here’s How to See Attorney and Agent Fees Paid by VA
State Hearings
State-level fee rules vary widely. Workers’ compensation fee caps commonly run between 10 and 25 percent of the award, and some states apply a “reasonable value of services” standard instead of a fixed percentage. Confirm your state’s rules before signing anything.
Two Limits to Know Before You Hire Someone
Your Communications Are Not Privileged
This is the single most important limitation most claimants never hear about. Attorney-client privilege — the rule that protects confidential communications with your lawyer from disclosure — doesn’t apply to conversations with a non-lawyer representative. The privilege requires an attorney-client relationship, and by definition a non-attorney can’t create one.
In practical terms, anything you tell your non-lawyer representative could potentially be disclosed in other proceedings. If your representative learns something damaging during case preparation, no evidentiary privilege blocks a subpoena for that information in a separate legal matter. In most administrative cases, the risk is minimal because the underlying information — medical records, employment history, tax returns — is already known to the agency. But if your situation involves overlapping legal proceedings or sensitive information beyond the administrative claim, weigh this carefully. Some agencies impose confidentiality duties through codes of conduct, but those are professional rules with administrative sanctions, not evidentiary privileges.
Federal Court Is Attorney Territory
Non-lawyer representation stops at the courthouse door. If your SSA claim is denied through every administrative level and you want to appeal to a U.S. District Court, 42 U.S.C. § 406(b) authorizes the court to allow “a reasonable fee for such representation” by an attorney, not a non-lawyer.15Office of the Law Revision Counsel. 42 USC 406 – Representation of Claimants Federal courts generally require attorney representation for non-pro se parties.
Certain complexities favor hiring an attorney even inside the administrative process: concurrent claims across multiple agencies, allegations of fraud, or potential criminal exposure. The combination of privilege and broader legal training matters more in those cases. The best non-attorney representatives will tell you when a case has outgrown their expertise.
If Something Goes Wrong
Non-lawyer representatives are not unregulated. SSA can start suspension or disqualification proceedings against a representative who fails to meet qualification requirements, violates duties, has been convicted of certain violations under the Social Security Act, or has been disbarred or suspended from any bar or court. For non-attorneys specifically, removal or suspension by any professional licensing authority for reasons reflecting on character, integrity, or fitness to serve as a fiduciary is also grounds for sanctions.18Social Security Administration. 20 CFR 416.1545 – Proceedings Before the Social Security Administration
At the Department of Labor’s Office of Administrative Law Judges, representatives can be disqualified for suspension or disbarment from any court or agency, resignation from a bar while under investigation, or contumacious conduct violating applicable rules or a judge’s order. The Chief Judge must provide notice and a chance to respond before disqualification, and a disqualified representative can later apply for reinstatement.19eCFR. 29 CFR 18.23 – Disqualification of Representatives
The SSA non-attorney pathway is currently the only major federal system that requires professional liability insurance from its representatives, which matters most if a representative’s error costs you benefits you should have received. Before appointing anyone, verify their credential directly with the agency — SSA, IRS, EOIR, and VA all maintain records of who is authorized to practice — and confirm the fee arrangement in writing under the applicable cap.