Through Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), a disabled individual may be eligible to receive financial support to help cover their living expenses. Social Security benefits are typically paid directly to the recipient. However, there are some exceptions: When appropriate, a Social Security Disability Representative Payee may be appointed by the agency.
What is a Social Security Representative Payee?
A Social Security Representative Payee is an individual or an organization authorized to handle a recipient’s SSDI or SSI benefits. When appointed, a Social Security Representative Payee will receive another person’s benefits and will be responsible for managing those benefits and spending them on behalf of the recipient. A Representative Payee must use disability to pay for the recipient’s living expenses. There are strict rules and regulations regarding how benefits may be used.
Why Would a Social Security Representative Payee Be Assigned?
Pursuant to federal regulations, the Social Security Administration has the authority to pay disability benefits to a Representative Payee if doing so is deemed to be in the best interests of the recipient. As a general rule, this happens because the SSA determines that the recipient is not reasonably capable of managing their own disability benefits. A Social Security Representative Payee may be appointed if:
- The recipient is deemed mentally incapacitated;
- The recipient has a drug or alcohol addiction; or
- The recipient is a minor child.
In the majority of cases, the Social Security Representative Payee will be a close family member of the recipient. It may be a spouse, a parent, a sibling, or an adult child. Though, when appropriate, the Representative Payee could be a trusted non-profit organization.
What If You Disagree With a Decision to Appoint a Representative Payee?
Interested parties have the right to challenge the SSA’s appointment of a Representative Payee. As payees are appointed in a relatively limited number of cases, judges tend to give some deference to the agency—meaning anyone preparing to challenge the appointment of a Representative Payee should be prepared to bring a strong, well-supported case. If you have questions or concerns about your rights, an experienced SSDI attorney, such as the legal team at the Social Security Law Group, can help.
