Representative Payee? in Vet Social Security Issues- SSDI SSI Forum

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Representative Payee?

Author	Comment
stacieps	Representative Payee?		Lead	[-]
Posts: 35 Sep 17 07 8:22 AM	Is there any reason to not have a Representative Payee? My husband was awarded SSDI last week - they called him and asked him if he was competent to handle his own finances. He told them that his wife (me) handled all that. After a few minutes of discussion he ended up telling them that if they could just pay me to do it that way. I recieved the paperwork this weekend confirming the request. My concern is the paperwork indicates he "cannot understand the value of money." This isn't accurate - he just doesn't handle the money in our household. Should we change this so he gets paid (into our joint account) or just leave it? I don't want it to be a problem later on. Thanks. Stacie
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jdave		#1	[url]	[-]
Posts: 6596 Sep 17 07 8:40 AM	If I were you I would contact my CR at the SSA office and tell him/her just what you have written above. The CR can make any determination he/she wishes--no matter what some Psych. in the DDS thinks. In most instances in the circumstance you describe I would make the claimant his own payee. It's when someone really NEEDS a payee and is in a, perhaps, third-party situation where the niceties of having a formal fiduciary are good to have in place, that a formal appointment should be made. jDave Member since January 2003 SRU # 3 1965-66 2/8th Cav 1967 MAT IV-22 1968 I operate on the philosophy: "No BS straight answers based on genuine experience and knowledge"
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stacieps		#2	[url]	[-]
Posts: 35 Sep 17 07 9:54 AM	It was not a psych. that made the determination. The call was from the rep at SSA saying his claim was approved and she just needed to talk with him before payment was made. My husband told her to pay me. He didn't realize that it would make me a "Representative Payee", just that I usually handle the money and bills in our house. I guess I'll call the lady at SSA and see what she says. Thank you.
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stacieps		#3	[url]	[-]
Posts: 35 Sep 17 07 10:32 AM	I spoke with the SSA rep. It was DDS that made the determination. She said I can either keep the appointment or if I don't want to do it, they will appoint someone else. So, I guess I'm it - she said I would just have to file an annual report for my husband, the same as I will for our kids. Thanks again. Stacie
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jdave		#4	[url]	[-]
Posts: 6596 Sep 17 07 11:06 AM	Stacie, Point out to your CR the provisions of "POMS Section GN 00502.060, Making a Capability Determination" A. Policy A determination that a beneficiary is incapable effectively takes away his/her right to decide how benefits are used. Therefore, you must carefully consider all evidence, use sound and reasoned judgment, and properly document the capability determination. When making a capability decision, give primary consideration to the beneficiary's best interests (see GN 00501.015B.). Don't feel compelled to find a beneficiary incapable in order to provide him/her "protection" or as a matter of convenience. B. Procedure 1. Who is Responsible for Making Capability Determinations? The FO is responsible for making the final capability determination in most cases. In initial claims, this is a claims representative. In post-adjudicative actions, a service representative may also make capability determinations. Her determination can trump any recommendation made by the state agency or CE examiner. Don't let her make you your husband's payee unless he is truly "incapable" of handling his benefits. jDave Member since January 2003 SRU # 3 1965-66 2/8th Cav 1967 MAT IV-22 1968 I operate on the philosophy: "No BS straight answers based on genuine experience and knowledge"
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