SO YOU WANT TO CHANGE YOUR
REPRESENTATIVE PAYEE, AND YOU DON'T KNOW HOW!
It is not uncommon
for a person to call the office and say that he or she is a recipient
of social security disability benefits and has had a representative
payee (rep payee) appointed in the case. They want to change or
remove the rep payee and ask how.
What is a rep
payee? When a recipient of social security disability benefits has
been determined to be unable or incapable to manage his or her own
funds, social security requires that a rep payee be appointed to
receive the benefits on behalf of the disability claimant. The rep
payee has the obligation to use the money for the benefit and on
behalf of the disabled individual.
In most cases, the
person, who is appointed as a rep pay, is not forced upon the
disability claimant, he or she is given the option of selecting
someone they know to serve as their rep payee. As long as the person
chosen, as the rep payee, has no history of of abusing the system on
a prior occasion, not a felon, the person chosen most likely will be
appointed.
Being a rep payee
does come with obligations, the ones noted above to act in the
disabled person's best interest and also may have to file an
accounting explaining how the claimant's benefits have been spent.
If you want to make
a change, either change the rep payee to another person, or claim you
are competent and able to manage your own funds, you will need to do
one of the following:
If you decide to
change a rep payee – you can go to a local social security office
and they will provide a form and will assist you in its completion.
Although the process is simple, remember that you will need a good
reason for the change and it cannot be associated with your
involvement in illegal or harmful activities. You can't change a rep
payee because he/she will not buy you more alcohol then is prudent.
You can't change a rep payee because he/she pays your rent and that
leave you little to spend on other items you want, etc.
If you want to take
over your accounts without a rep payee – social security will
require that you establish, with sufficient evidence, that your
condition (whatever it was that adversely affected your ability to
manage your funds) has improved enough that you now have regained the
ability to manage your money.
WHOA, BE CAREFUL,
if the reason for the appointment of the rep payee was the same
reason that was the basis for the award of your benefits in the first
place, have you now proven you are no longer disabled? A classic
'catch 22'.
This is to be
considered general information and it is not intended as legal advise
that can be used in every or any situation. If this is an issue, you
need to talk to an attorney or a social security representative.
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