How to Become Your Own Payee Again

The Social Security Assistants (SSA) pays benefits to certain eligible people, called beneficiaries. If a casher cannot manage or direct the management of their SSA benefits, SSA appoints a representative payee (rep payee) to receive and manage the SSA benefits. A rep payee tin be a person or an system.

This publication is for developed beneficiaries and explains how a casher can ask SSA to change or remove a rep payee and how a beneficiary can report a rep payee for misuse of funds.

Changing a Rep Payee

This section provides guidance on why an SSA beneficiary may want to change their rep payee and how to request a new rep payee.

Why might a beneficiary desire to change a rep payee?

A beneficiary may want to change their rep payee if the beneficiary finds a person or organization that improve fits their needs or if they retrieve their rep payee is misusing their SSA benefits, is unable to manage the benefits, or is non following SSA rep payee rules.

Who may not serve as a rep payee?

A rep payee must meet SSA'south qualifications. Mostly, a person is not qualified to be a rep payee if the person:

has been convicted of a violation of the Social Security Act;
has been convicted of an law-breaking resulting in imprisonment for more than one twelvemonth;
receives SSA benefits through a rep payee;
previously served as a rep payee and was plant by SSA or a courtroom to have misused benefits; or
is a creditor, which ways the person provides the beneficiary with goods or services in commutation for something, like money.

SSA may allow a creditor to be a rep payee if the person poses no risk to the beneficiary, if the creditor's financial relationship with the beneficiary presents no substantial conflict of interest, and if the creditor is any of the post-obit:

a relative living in the same household as the beneficiary;
the casher'due south legal guardian or legal representative;
a facility licensed or certified as a care facility under Land or local law;
a qualified organization authorized to collect a fee for performing rep payee services for the beneficiary;
an administrator, owner, or employee of the facility where the beneficiary lives, if SSA cannot locate an alternative rep payee; or
any other individual SSA deems appropriate based on a written decision.

What is the process for a beneficiary to request to change their rep payee?

A casher should contact their local SSA office and explain the reasons for wanting to change a rep payee. A beneficiary can find their local SSA office on the SSA website. The SSA office should then brand a determination and notify the beneficiary. If the beneficiary knows who they desire to be their rep payee, the beneficiary should too ask that person to complete the appropriate SSA form.

How does SSA determine whether to alter a casher's rep payee?

SSA tries to select the person, bureau, organization, or establishment that volition all-time serve the interests of a beneficiary. SSA has provided its employees with guidance nigh the order of preference for pick of a rep payee. SSA can choose not to strictly follow its order of preference if SSA decides it is in the beneficiary'south overall best interest to cull someone lower on the preference list. However, if a beneficiary wants to change their rep payee to an private college on the preference listing, that may be plenty for SSA to approve the change if the individual is otherwise qualified. The following SSA preference listing for adults may provide guidance on the likelihood that SSA will grant a asking to change a beneficiary'southward rep payee:

Payee Preference List For Adults

A spouse, parent or other relative with custody or who shows strong business organization;
A legal guardian/conservator with custody or who shows strong business;
A friend with custody;
A public or nonprofit agency or institution;
A Federal or State institution;
A statutory guardian…;
A voluntary conservator…;
A private, for-profit establishment with custody and is licensed under State law;
A friend without custody, but who shows stiff concern for the beneficiary's well-beingness, including persons with power of attorney;
Anyone not listed in a higher place who is qualified and able to deed as payee, and who is willing to do so;
An arrangement that charges a fee for its service.

If a beneficiary believes in that location is a rep payee who is a better fit for their circumstances, the beneficiary should contact the local SSA office regardless of whether the proposed rep payee meets the standards to a higher place or is lower on the preference listing than the electric current rep payee is. SSA determines whether to alter a rep payee on a case-by-case ground to ensure the beneficiary'due south best involvement is served.

Removing a Rep Payee

This section defines SSA's standard for removal of a rep payee, describes the removal request procedure, gives tips for making a request and preparing for an interview with SSA, and lays out what evidence SSA considers when determining whether to remove a rep payee.

What is the standard for SSA's removal of a rep payee?

More often than not, SSA will remove a rep payee and brand directly payment to a beneficiary when the beneficiary demonstrates they are mentally and physically able to manage or direct the management of benefit payments.

What is the process for a beneficiary to request removal of a rep payee?

To request removal of a rep payee, a beneficiary should consummate the appropriate SSA form, which will ask the beneficiary to explain why they can handle their own benefits. SSA must consider reviewing a beneficiary's adequacy of managing funds whenever there is an accusation or indication that they are now capable of managing their SSA benefits. If SSA determines a full review is needed, SSA may interview the beneficiary, interview other knowledgeable people, and review documents to decide whether the beneficiary is capable of managing their ain funds.

How can a casher gear up for completing SSA'due south form requesting removal of a rep payee and for an SSA interview?

If possible, a beneficiary may want to gather the following documents prior to filling out the SSA form requesting removal of a rep payee and prior to any interview:

A medical professional's signed statement of the beneficiary's adequacy to manage benefits. If it is not possible to get a statement, a beneficiary may wish to provide the name and contact information for the casher'south treating doctor.
Signed statements from people who know the beneficiary, similar relatives, close friends, and landlords, describing the casher's power to manage funds and see daily needs.

A beneficiary may want to be prepared to answer questions or offer information almost:

The beneficiary's finances, such equally how much coin the beneficiary receives, the source of the coin, and the amounts of the casher'due south other living expenses;
Information nigh the casher'southward bank account;
Whatever bills the beneficiary pays on their own;
Where the beneficiary has lived for the past few years;
The beneficiary'south diet, nutrition, and grocery ownership habits;
The beneficiary's ability to encounter their medical needs;
Any friends, relatives, or community organizations that assistance the casher; and
Whether people infringe coin from the beneficiary without repaying information technology or whether people have lived with the beneficiary without paying rent. (If the beneficiary allows people to take advantage of their income, it will probable reflect poorly on the beneficiary's capability to receive directly payment.)

How does SSA decide whether to remove a rep payee?

SSA should review whatsoever prove that can assist SSA understand a beneficiary's ability to manage or direct the management of their funds. This is chosen a capability determination. SSA looks at legal, medical, and lay bear witness to determine adequacy. These types of evidence are described below.

Legal Evidence

In terms of legal prove, if a courtroom has declared a beneficiary legally incompetent to manage their own finances, the beneficiary must take a rep payee. If a beneficiary who has been found legally incompetent requests direct payment of benefits, SSA must get evidence showing the beneficiary is now competent. If SSA cannot get this evidence, the beneficiary must continue to have a rep payee.

Medical Evidence

Medical evidence is prove from a doctor, psychologist, or other qualified medical practitioner that helps SSA decide whether a beneficiary is able to manage or direct the direction of their funds. Medical bear witness is usually a signed stance by a qualified medical practitioner who conducted an test of a beneficiary. Medical evidence used in determining capability must be up to engagement; more often than not, this means it is based on an examination within the last year. Medical bear witness is very important to SSA, but is not the only factor considered.

Lay Testify

Unless there is testify of legal incompetence, SSA must obtain and consider lay evidence to determine capability. This is true even if there is medical testify of incapability in the file. Some examples of lay evidence are:

SSA'south observations during a contiguous interview of the beneficiary's behavior, reasoning ability, and how the beneficiary functions with others;
Signed statements from, or contact with, knowledgeable sources (such every bit relatives, close friends, neighbors, or landlords) describing the beneficiary's ability to manage funds and meet daily needs;
The beneficiary'south ability to explain how they are able to manage their own money. If a beneficiary tin can state the amount of money received monthly, the source of the money, the amount of their rent or mortgage payment, the amount spent on groceries and other similar costs, SSA guidelines presume capability of the beneficiary to manage their benefits. The beneficiary is besides capable if they direct someone else to manage their benefits.

At that place is no set up formula for determining if a beneficiary is capable of receiving direct payment of their SSA benefits. SSA will look at the evidence described above to make a conclusion on a example-by-case basis.

Reporting a Rep Payee's Misuse of Funds

This section provides guidance on how to recognize a rep payee'south misuse of SSA funds and how to report a rep payee for misuse of funds.

How can a casher recognize a rep payee's misuse of funds?

Rep payees may not:

Employ a casher's funds for the rep payee'south own personal expenses or spend funds in a manner that would go out the casher without necessary items or services (housing, nutrient, and medical intendance);
Put a beneficiary's SSA funds in the rep payee's or another person's account;
Keep conserved funds once they are no longer a rep payee for the beneficiary;
Charge the beneficiary for services unless authorized by SSA to do so.

If a casher believes that their rep payee has acted in any of these ways, the casher can study an allegation of misuse.

How does a beneficiary report a rep payee's misuse of funds?

Anyone can study a rep payee's misuse of funds by filing a report with the SSA Office of the Inspector General:

Online on the website of the SSA Office of the Inspector General.

U.S. Mail:
Social Security Fraud Hotline
P.O. Box 17785
Baltimore, Maryland 21235

FAX: (410) 597-0118
Phone: (800) 269-0271 from ten:00 a.m. to four:00 p.one thousand. Eastern Time
TTY: (866) 501-2101

To written report a violation, provide as much information as possible about the rep payees suspected misuse, including:

Name of rep payee and the beneficiary;
Social Security Number of the rep payee and the beneficiary;
Appointment of birth of the rep payee and the casher; and
Details regarding the accusation such as when, how, and where the misuse happened.

Where can a person get more information virtually this procedure?

To get more data nigh reporting misuse, contact your local SSA function or visit the SSA Office of the Inspector General website.

The following federal funding partner funded the cost of producing this fabric: the Social Security Administration SSA (6 PAB13020299-01-05). These contents are the sole responsibleness of Disability Rights Washington, and do not necessarily stand for the official views of SSA.

SSA has reviewed the following publication for technical accuracy only; this should not be considered an official SSA document.

Ever advocate in a timely manner. Please be aware that there are certain time limits or deadlines to file a complaint, a lawsuit, or take legal activity.

DRW cannot guarantee that whatever private or organisation included in this material volition represent or assist you. DRW too cannot guarantee the quality of this individual's or organization's representation.

Permission to reprint this publication is granted by the writer, DRW, provided that the publication is distributed free of charge and with attribution. If you do disseminate whatever DRW certificate, delight send usa an e-mail to info@dr-wa.org letting us know the nature of the audience and number of people with whom information technology was shared.

Disability Rights Washington
315 5th Ave Due south, Ste 850
Seattle, WA 98104
Voice: (206) 324-1521 or (800) 562-2702
Fax: (206) 957-0729
E-mail: info@dr-wa.org
Website: www.disabilityrightswa.org

Interpreters available.

DRW is a fellow member of the National Disability Rights Network.
A substantial portion of the DRW budget is federally funded.

grullonsensill.blogspot.com

Source: https://www.disabilityrightswa.org/publications/how-change-remove-or-report-representative-payee/