Wednesday, January 23, 2013

So You Want to Change Your Representative Payee

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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