Social Security and Representative Payees
© 1997 by Neighborhood Legal Services, Inc.
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    A representative payee (rep payee) is a person appointed by the Social Security Administration (SSA) to manage your benefit payments if you are unable (or if SSA believes you are unable) to do so yourself. The rep payee should be someone who cares about what is best for you.

    SSA will investigate. Your benefits will continue being paid directly to you until the investigation is completed.

    Initially, that decision will be up to you. Generally, you are free to choose whom you wish. But your rep payee cannot be a person who furnishes you a service for payment, like a landlord.

    Your rep payee will have to submit proof of identity and show his/her social security card. Your rep payee must be a person who has never been shown to have misused anyone's Social Security benefits and must have never been found guilty of a crime committed against SSA. If possible, your rep payee should attend an interview with you at SSA.

    If you need more time to find a rep payee, SSA can hold your benefits for one month. After that, SSA will try to find you a rep payee. You should receive your checks while SSA looks for a rep payee unless you have been declared incompetent or are on SSI and have a drug or alcohol problem.

    To change your rep payee, you must fill out an application at your local SSA office. The person you select must submit a letter saying s/he is willing to serve as your rep payee.

    You have the right to receive your own Social Security check unless SSA has reason to believe you may spend your money in a way that might hurt you.

    In order to become your own payee, certain conditions must be met:

    1. If you have a rep payee because of a physical or a mental disability, you must show SSA that you are now mentally and physically able to handle your money yourself. You could provide:

a. A doctor's statement that there has been a change in your condition and that the doctor believes you are able to care for yourself, or

b. An official copy of a court order saying that the court believes that you can take care of yourself, or

c. Other evidence that shows your ability to take care of yourself.

    2. If you are under 18 and want to be your own payee, you must show:

a. That you are an emancipated minor and are responsible for daily decisions about your life, or

b. You are a minor-parent with a child, or

c. You are within 7 months of becoming 18 and this is your first application for Social Security benefits.

    3. If your disability is mental:

a. Be advised that if SSA believes your condition has improved to the point that you no longer need a payee, they may also reevaluate your eligibility for SSI.

    Your rep payee must use your benefits to pay for your needs only. These could include payment for food, shelter, clothes, medical care and personal comfort items. Also, your rep payee must inform SSA of events that could change the amount of, or your right to receive, benefits.

    If SSA asks, your rep payee must also give a written account of how your money was spent. They must also tell SSA if there are changes that might affect their ability to act as a rep payee.

    First, request a new rep payee. Also, SSA may have to repay you the misused benefits.

    Second, make a written request to SSA to investigate the misuse of your benefits. Explain why you think your benefits are being misused. SSA must take steps to investigate the matter and send you a written decision stating whether misuse has occurred or not.

    Third, if SSA finds that misuse has occurred, SSA must then investigate whether SSA was negligent in appointing or monitoring your rep payee. SSA must inform you in writing whether SSA was negligent or not. If SSA was negligent, SSA must pay you whatever benefits you lost through the misuse of your rep payee. If SSA finds that SSA was not negligent, you may appeal their decision.

    If you want to change your rep payee, tell SSA right away so that it can process the paperwork. The change should be made before the next check is issued, or the next month at the latest, after you have submitted the necessary forms.

    Both you and your rep payee should receive a written notice before any benefits are paid to the new rep payee.

    You have the right to appeal either the decision that you need a rep payee, or the choice of the person SSA has chosen. Contact our office for more information

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