Is there anything I can do to speed up getting my back pay after I’ve been approved for Social Security Disability?
Happy New year and let’s get ready to rumble!!!!!!!
This question is one that I get on a regular basis. You’ve been waiting for a year or two for your final decision and NOW, you got it. WOOO HOOO! PARTY TIME!!
But HOOOOOOOOLDDDD UP, WAIT A MINUTE! Let me put some BOOM in it
You have to wait! Say wait?? Didn’t you wait almost 2 years to get to this point and NOW, you have to wait some more? What the hell???
Calm down, calm down, there’s a reason why it takes a few months. They have to calculate your back pay. They have to adjust for any money you received in the interim while you were waiting. They have to determine Cost of Living Allowance. They have a lot of calculations and they don’t RUSH them.
However, i’m sure you not coming to this post to read about what the SSA is doing. You want to know what YOU can do to speed up the back pay process. Since it’s not always that neat, let me break it down into 3 categories of benefits (SSI only, DIB / DWC only, or Concurrent). I’m, also, focusing on special situations as well that you may need to know:
SSI Only (SUPPLEMENTAL SECURITY INCOME)
1) Notify your local SSA office as SOON as you get your written decision
2) Contact the SSA office and determine when you can do your resource interview.
3) Take all documents that you need to show your finances with you to the resource interview.
4) Let them know about any finances you received during the time since you applied.
5) Have a bank account ready if you can create a direct deposit.
6) All of your benefits are calculated in the LOCAL office.
DIB / DWC (Disability Insurance Benefits / Disability Widows Claims)
1) Make sure you notify your local SSA office as soon as you get your written decision.
2) For the DIB claim, if you have kids under 18 y/o, make sure you let SSA know so they can calculate the dependent benefits.
3) Benefits under this program under calculated in a payment center outside of the state you are located.
4)) Make sure you let the local office know what your bank account is.
Concurrent claims
1) Concurrent claims are those claims that both SSI and DIB.
2) These claims typically are calculated FIRST in your local office (The SSI part) and the DIB portion is transferred to a payment center out of state for the DIB.
Now, most of these things are fairly straight forward so it’s not a big thing. However, there are few things that might make your claim drag. Here are a few of those things:
1) Do you need a REP PAYEE?
If SSA is requiring you to have someone to handle your money, your claim won’t move unless you give them the name of someone OR they provide someone.
2) Do you owe the County some money for housing?
In most states, SSA and the local County have agreements so they are reimbursed if the County is paying your housing. As such, they may get reimbursed first (This situation is typically for SSI claims).
3) Were you receiving VA benefits? Were they service connected or non service connected?
If you’re getting money from ANY source during the period of disability, your SSI will be affected. However, if you received VA benefits, this may have an impact on your DIB. If it’s service connected, your DIB shouldn’t be affected. If it’s NON service connected, your benefits may be reduced.
4) Were you receiving workers compensation benefits?
If you’re getting money from ANY source during the period of disability, your SSI will be affected. however, if you received Workers Compensation benefits, you will have a definite offset from your DIB benefits.
5) Did you work during the period of disability?
If you’re getting money from ANY source during the period of disability, your benefits will be affected by any work you may have performed during the period of time.
6) Were you receiving Long Term Disability benefits?
I always make it clear to my clients that it is important to contact their Long Term Disability carrier to make sure that you are aware of HOW your policy is affected by receiving Long Term Disability benefiits. It’s tricky because for some policies, your benefits may be affected by the money your LTD carrier was paying.
7) Do you owe Child Support or some other debt that the government can recover?
As I have said in previous post, the Government typically has arrangements with certain state or federal entities to ensure that if you owe money (like an IRS debt or child support), the government will a portion of their money first.
I know this information may be confusing but this information will be very helpful to you in an attempt to get your case paid faster.
Two magical points in Social Security: 18 years old and 65 years old
One of the toughest things to explain to people regarding Social Security is helping them understand that there are two points where Social Security takes significantly different turns. One, is when you turn 18 and the other is when you turn 65 (or 66 or 67 depending on when you were born). Here’s why:
The 18th YEAR
1) Child to Adult
Under the Social Security Regulations, a person is considered an adult at the age of 18. As a result, this means that your child is no longer considered a child under Social Security standards.
2) Benefits may end right away MAYBE
Most people don’t realize that the standards for disability is different for adults than it is for children. So if your child is getting disability benefits, you shouldn’t be surprised if Social Security makes the decision to either cut off your child’s benefits or review the file to determine if the child should continue receiving benefits at 18.
3) Benefits may continue
Under some circumstances, the benefits may continue. If the child is still in high school, the benefits may continue for a brief period. In addition, if Social Security determines the child meets the criteria for a disabled adult, the benefits may be continued as well.
4) Rep Payee Stops
Depending on the condition your child, once they turn 18, Social Security may determine that the child has the ability to manage their own funds. As a result, if a Representative Payee had previously been assigned, they may discontinue the Representative Payee services.
5) Parents may lose rights
The toughest part of the process is usually for the parents who have been used to having complete access to their child’s information. However, once the child has been determined to be an adult, the access to that information may ceases..
The 65th YEAR (or 66 or 67)
1) Disability and retirement is from the same pool of money
Most people don’t realize that once the person reaches retirement age (65, 66, or 67), the money you receive for disability automatically changes to retirement. Same money, different name.
2) You can apply for Disability even if you retired early
Some people decide to retire early but it is important to remember that if you retire early, you may be eligible to receive disability. It’s important to remember that when you retire early, you typically will only receive 80% of what you would have received had you reached full retirement age. Applying for disability before you reach retirement age may give you the ability to apply for the remaining 20%.
3) No more extra money
Sometimes people who retire think that they can get extra money by applying for disability. As stated above, if your application for disability benefits is for the period of time when you are eligible for retirement benefits, you are probably not going to get anything more than you have.
4) Disability reviews stop
Most importantly, the reviews stop. As most people know, Social Security can review your benefits to determine if you are still disabled. Once you hit retirement, it stops.
It’s tough because some people don’t realize that Social Security has different cut off points during the course of the Social Security Disability process. Understanding them, may make a difference.
Can somebody explain how I get paid after I get a favorable decision?
So you got approved for Disability benefits. YAAAAAAY!! Congratulations. After stressing, waiting, and going through this lengthy process, you are finally going to get your disability benefits. Even better, you are so happy with your representative who was successful in helping you get your benefits.
However, now comes the confusing part. What happens next? When are you getting paid? Who pays your attorney? When should you expect the money? Now, it seems that you have more questions than you do answers.
Well, here’s a few things to help you out:
1) About 60 to 90 days before you get paid.
There is no hard rule on how fast it takes you to get paid. IN most instances, it takes about 60 to 90 days to process your pay.
2) Why does it take so long?
Even though it may not seem like it, it takes longer to calculate your disability benefits than it it is to get disability. Think I’m joking? Here’s how it works. First, they have to figure out which programs you qualify. Second, they have to determine if there are any programs that offset the benefits. Third, they have to determine if there is any retroactive benefits. Fourth, they have to determine if there is any benefits going forward. Fifth, they have to calculate any representative fees and ensure they get paid. Sixth, they have to determine if there is a need for a representative payee. Finally, they have to deal with any other issues that pop up. Interestingly enough, this process may take place at two different Social Security offices that must talk to each other. See how this may take a while.
3) How does my representative get paid and WHEN does my representative get paid?
This question is one that I get alot. In terms of “HOW”, Social Security is responsible for calculating the back pay. From that back pay, Social Security will withhold 25% towards attorney fees. For example, lets say that your back pay is $10,000. 25% of $10,000 is $2500 which means your attorney will receive $2500 and you will receive the remaining $7500. Now, the WHEN part is trickier. The reason it’s trickier is because Social Security will sometimes release the check to the attorney first (Usually because this part is the easiest to calculate) and then send the rest to the claimant.
4) Why am I getting all of this Paper from Social Security?
Over the next few months, you will received “Important Notices” and “Award Notices”. These papers are crucial because they explain IN DETAIL everything you’re entitled to receive as well as a discussion of how your representative gets paid, any offsets, and future benefits.
5) Why did I get a Medicare card in the mail? Do I have to keep Medicare?
If you qualify for Disability Insurance Benefits (this is different from SSI), then after receiving 24 months of benefits, you are entitled to Medicare. So if your back pay takes you back to October 2007, you will receive a benefits starting October 2009. Now, here’s the tricky part. You have to pay for Medicare and they take it DIRECTLY out of your monthly Disability Insurance Benefits check. If you DON’T want it, just remember that there is a penalty if you decide to come back later (Contact Medicare, they can help you on this one).
6) Should I call Social Security’s 1-800 number or the local office if my money is late?
I always tell people that they can call who they want to but recognize this point. The Toll free number for Social Security is NOT designed to answer all of your questions once you’re paid. Once you get paid, a different office takes over (so the 1-800 will probably not be helpful). The local office can help if you are entitled to receive SSI but your DIB check may be processed in Alabama, Maryland, or New York.
7) I’m fighting foreclosure and an eviction. Will that help?
If you have documentation that you are about to be evicted or foreclosed or your health has turned terminal (i.e. you may be dying), give evidence of this information to Social Security as soon as possible. This information may assist them in speeding up your case.
Congratulations on your case. I know it’s a long time coming but you deserved it. So just be patient a little while longer and it should all work out for you.
Let me tell you WHY you can’t run DIRTY with Social Security
For those of you who may be a little perplexed by the phrase “RUN DIRTY”, allow me the opportunity to clarify. “Running dirty” is a phrase to denote doing something illegal, wrong, or against the policies and procedures. I use this phrase whenever I’m talking about people who are trying to be sneaky and get Social Security Benefits at the same time. I, also, use this phrase whenever I’m talking about people who decide to WITHHOLD evidence from Social Security in an attempt to make their case better.
Interestingly enough, I’m surprised by the number of people who TRY and then ACT SURPRISED when they get caught. If you’re thinking about ‘RUNNING DIRTY’, here’s a few things that you need to consider:
1) The PAPER gets you EVERY TIME!! Most people don’t realize that part of the reason Social Security has you fill out so many papers is that they are checking for consistency. They want to ensure that you are not changing your story up every time.
2) The MEDICAL RECORDS get you EVERY TIME! People forget that Doctors and Nurses are very diligent and detailed in their record keeping. So you need to be aware of the fact that if you tell your doctors something that relates to your health condition (like the fact that your back hurts from working all day! OOPS, you didn’t tell Social Security), this information may appear in your records.
3) The LABS / X-RAY / TESTS don’t lie! Now, if you KNOW you’re doing illegal drugs and you go to the hospital, why would you still lie? They take toxicology information on you through labs and this stuff will always come forth. Also, you can lie about alot of things but your tests (X-Rays, MRI, Labs) will typically provide the actual results for more of your situations.
4) You don’t know WHAT your 3d parties will say! You typically have to provide the names of individuals who can speak about you and your condition. Contrary to HOW hard you try, you don’t really know WHAT they will say when Social Security talks to them.
5) The POWER of the FEDS! Do you have ANY idea of the number of systems the Social Security Administration has access? If you go to jail, they know! If you owe child support, they know! If you return to work, they know! There’s a lot of systems that alert Social Security to things that relate to your Social Security case so you need to be aware.
Social Security is a complicated system and since you’re applying for Federal Benefits, it’s important to be mindful of the fact that your actions may have an impact on your case. If you’re deciding to take some action that you KNOW you’re not supposed to do, be mindful! It may CATCH you in the end.
Social Security topic: What do I do if I DON’T want a Representative Payee
Under the Social Security Regulations, in some instances where an individual has been awarded Disability benefits, SSA may determine that the person may need a Representative Payee.
The Representative Payee is an independent third party who is responsible for the receiving the disability funds on behalf of a person who has been awarded Disability benefits. This person has a financial responsibility for the individuals receiving benefits.
Sometimes, people find themselves in positions where they DON’T want a representative payee. Unfortunately, it’s not simple. You can’t merely call the Social Security Administration and tell them you don’t want one. Keep these things in mind when you are coming forth:
1) The problem may be what’s keeping you from getting the benefits. CORRECT IT!
Social Security is going to be very concerned about making sure that someone responsible is handling the money. Now, don’t get offended. Noone said that you’re not responsible but you have to look it in a vacuum. If you have had a history of drug use or alcohol use or you’re taking heavy medications that effect your judgment, the court will be concerned. Take whatever actions you need to (which means to abstain in the example of controlled substances) and you can use this as an argument with Social Security regarding a rep payee.
2) Talk to your doctor.
First, you need to find out WHY you were giving a rep payee. If it’s for a medical condition that you are being treated, contact your doctor and ask them if they will write you a letter indicating that you are able to handle your funds. Keep in mind, if they DON’T think you can, they may not write that letter.
3) Speak to Social Security Administration and find out what you need to do.
At the end of the day, the Social Security Administration has the responsibility of determining whether you SHOULD or SHOULD NOT have a representative payee. It’s best to ask them what you should do in order to remove the rep payee requirement.
4) Demonstrate that you don’t need one for a while and THEN come back later.
Also, keep in mind that the longer can show that you’ve been able to demonstrate maintain your funds without needing assistance, the stronger your position.
It’s tough because people fail to recognize that the Social Security Administration has a responsibility to ensure that the financial well being of individuals who receive benefits are protected. If SSA has determined that you need a representative payee, it’s usually do to something or some concern they may have. If you feel you don’t need one, the burden is on you to demonstrate that you don’t need one.
Children and benefits: Kids are NOT a meal ticket
Alright, alright, BACK IT UP! I know that someone is reading this title now and getting FIRED UP! But before you tell me to “Go to HE…!!” or “GET OUT MY BUSINESS” or “DON’T TELL ME HOW TO RAISE MY KIDS”, slow your roll, pause and put it in reverse.
You need to understand that this country has hundreds of children who are great need of monetary benefits in order to receive the care and attention they deserve. In addition, families who have children with various needs are tasked with a huge responsibility that many average persons can not relate. So, I don’t want anyone to think that I am slamming people who attempt to obtain Social Security benefits on behalf of their children.
However,……(and you know there is HOWEVER), several years ago, I started hearing parents refer to disability checks obtained for kids as “CRAZY CHECKS”. Now, this really throw me because I didn’t know what that meant. After some discussions, I realized that there was a perception that the best way to obtain disabilty benefits for kids was through an allegation that they had a mental problem, it was possible to obtain Supplemental Security Income (a program under the Social Security Administration which provides needs based financial assistance and Medicaid insurance coverage for individuals including children).
As devastated as I was when I heard this, after a period of time, I observed that it wasn’t uncommon for some parents to utilize their children as a mechanism to receive additional financial assistance. Interestingly enough, not alot of people like to talk about this because who is going to admit that they are trying to get money by using their kids.
Yes, it’s sad but it is a reality. Some people are trying to get their “hustle on” and this way is just one way to do it. However, when I speak to parents who have kids, I try my best to keep a few things in mind when they are attempting to get disability benefits for their children:
1) A DEDICATED ACCOUNT MAY KEEP YOU FROM RUNNING DIRTY! Some times, parents don’t realize that they are being analyzed when a determination of benefits has been made. In some instances, Social Security may authorize the creation of a ‘dedicated account’. A ‘dedicated account’ is an account that has very specific things that can be purchased and social security must be provided an accounting of those things. These accounts are usually set up in situations where there is concern about the parents’ handling of the money.
2) YOUR MONEY makes a DIFFERENCE! Sometimes, parents forget that SSI benefits are NEED based so they think that if they get a big bonus or settlement from some other source, they will be riding high! Unfortunately, this is NOT the case. If you get money from SSI and you get a windfall of money, your SSI may be temporarily suspended until you spend the money down.
3) IF YOUR CHILD is REALLY SICK, treat them that way! Every now and then, I get a few parents who get the high pro glow because they think that once their child gets SSI benefits, they don’t need to do anything else. Most of my parents who have kids, genuinely want to make sure that they keep getting the treatment and attention they need. Remember, your child may get evaluated in the future by SSA.
4) ONE for ALL and ALL FOR ONE! NOT! Please don’t think that just because ONE of your kids got disability, that all of them can get it for the same thing.
5) 18 and OUT THE DOOR! Remember, in most cases, when the child reaches the age of 18, the child can now apply for SSI benefits as an adult (which means the parents no longer can control the money).
Like I said, I’m not trying to say that ALL parents run dirty. I’ve represented hundreds of parents who’s kids genuinely need help and the parents are struggling to do the right thing. However, it’s important that parents understand that their child is not a ‘pot of gold’ at the end of rainbow.
The little things that may affect your Social Security Benefits AFTER you win your case
Watch out dere now! It’s PARTY TIME! You’ve applied for disability benefits. Now, after several months or several years of forms, doctor’s appointments, questions/answers, and waiting, you have FINALLY been approved. YAAAAY!! It’s amazing how people are so dedicated to doing what it takes to get their benefits. After a long and stressful process, you have finally arrived.
Now here the comes the song you’ve been waiting for, “MONEY, MONEY, MONEY!!!”.
However……………………….
Here’s the part of the process that usually throws people off. People don’t realize that there are ALOT of ‘little things’ that may effect not only HOW MUCH money you will get but it may also effect if you get any AT ALL!!!
Before you get ‘Coo Coo for Cocoa Puffs” and start counting all that “CHEDDAR” you THINK you’re going to get from the Disability process and all of that back pay, here’s a few things that you need to remember so you don’t get your feelings hurt:
1) WARRANTS. Most people know that if you’re in jail or incarcerated, you’re not entitled to benefits. What most people don’t know is that if there is a WARRANT for your arrest, this warrant has the same effect as if you were arrested. So what does that mean? That means if there is a warrant for your arrest, the Social Security Administration may not administer your benefits until you get that Warrant resolved. Get it fixed or no money for you.
2) CHILD SUPPORT. Please don’t sit over and think that just because you are disabled, you are exempt from paying your child support. Even more so, if you owe BACK child support, most states have arrangements through their Department of Revenue and the Social Security Administration to garnish some of your back pay. So if you’re thinking you’re going to get a JAMMING back pay check but you owe child support, your check may be smaller than you think.
3) WORKERS COMPENSATION. Workers Compensation cases and Social Security Administration cases tend to go hand and hand. However, in some instances, if the combined amount of mothly amount of your WC benefits and your SSA benefits is greater than 80% of your Average Current Earnings, you may see a REDUCTION in your benefits to compensate for the difference.
4) VETERANS BENEFITS. Veterans benefits fall into two separate categories: Service Connected and Non Service Connected. If you are receiving Service Connected benefits, you may not see an impact on your Disability Insurance Benefits (SSI is totally different. Go to Bullet 15 for a discussion). However, if the benefits of the VA are NON service connected, these benefits may possibly reduce the amount of DIB benefits you’re entitled to receive.
5) LONG TERM / SHORT TERM DISABILITY BENEFITS. This portion is usually very tricky because every Long Term / Short Term Disability policy is different. It’s important to ask your disability carrier what impact receiving SSA benefits will have on your LTD/STD policy. For some policies, it’s a one to one reimbursement. This reimbursements means if they were paying you during months when SSA should have been paying you, they want their money back for that period. So, for instance, if your LTD/STD carrier was paying you $1000 a month from Jan. 2008 to Jan. 2009 and you get SSA benefits retroactive from Jan. 2008 in the amount of $1200, your carrier MIGHT require a reimbursement for the same time period. Check your carrier just to make sure.
6) WORK & SSA don’t always mix. I always have at least one or two people who want to be slick and try to draw a disability check and work a little bit at the same time. The SSA does allow for what is called “A trial work period” (Please comment if you want me to discuss that in greater detail). However, after a certain period of time, SSA may wonder if you are REALLY disabled or not.
7) MEDICARE. If you’re getting Social Security Disability, you may be entitled to receive MEDICARE. Medicare is NOT free. A small portion of money is taken out of your check every month in order to pay for your medicare. If you choose to NOT take it and ask for it later, you may face a penalty.
CDR. For those of you who don’t recognize this acronmym, it’s called a CONTINUING DISABILITY REVIEW. It’s like this, Social Security doesn’t expect you to be disabled FOREVER so they are going to come back at some point in time (Usually more than once) to determine if you are STILL disabled. If you’ve gotten better, your check may STOP!
9) FEDERAL DEBTS. Recognize, if you OWE the federal government some money, they gonna GET their money. Don’t think that the government will totally excuse your debt because you’re on disability.
10) SOCIAL SECURITY FRAUD. Most people bust their butts in order to properly demonstrate that they are disabled. However, there are a FEW people out there who are trying to get their HUSTLE on! Recognize that Social Security has a department dedicated to investigating fraud. As such, if you are attempting to defraud Social Security, don’t think you won’t get caught.
11) WINFALL. Now, this particular point really applies more to Supplemental Security Income. A WINFALL is when you get a big lump sum of money unexpectantly. This money could be an inheritance, a settlement, or even the lottery. Now, you’re sitting there with a monthly check and a big sum of money and you’re thinking, BOOM, I’ll just live on my monthly SSI check and ride out with my money in the bank. Unless you have your LUMP SUM of money in some type of special needs trust, that money will be counted against your SSI. What does that mean? THis means until you spend the money down to a particular amount, SSI won’t pay you a DIME!
12) SUSPENSION / TERMINATION. Some of the things that I am addressing may result in your disability benefits being temporarily discontinued. This process is called SUSPENSION. SSA may suspend paying your benefits until you have resolved whatever issue that is effecting your case. However, this suspension is not permanent. If you have not resolved your siutation after a certain period of time, SSA may terminate your benefits. What does that mean? You have to start over!
13) REPRESENTATIVE PAYEE. This portion doesn’t have to focus so much on how much you get paid as much it focuses on WHO is responsible for your money. If you’ve had issues with money in the past, or some psychological issues, or some cognitive issues due to significant pain medications, or you’ve had problems with drugs and alcohol, SSA may determine that someone else needs to handle your money.
14) DEDICATED ACCOUNTS. These accounts are typically utilized in kids ‘ cases. These accounts are tricky because if SSA determines you need to set one up, the requirements for maintaining these accounts are very detailed. You have to be very careful as to what you spend the money.
15) SSI & everything. Most people don’t realize that SSI is a “NEED BASED PROGRAM”. In other words, if you have money coming from other sources, you don’t NEED the money from SSI (and this includes other SSA disability programs).
16) LUMP SUM MAY NOT BE LUMP SUM. Ok, here’s the tricky part. Most people don’t realize that even though you may win your case, you may not get as MUCH money as you think. Here’s an example. Say, you applied for SSI benefits on Jan. 1, 2009 for the first time but you said you had been disabled since Jan. 1, 2005. So SSA approves you. So you think you’re getting all the way back to Jan. 1, 2005, right? WRONG! SSI only pays from the date of the application so your lump sum would be from Jan. 1, 2009 to the present. Let’s use the same example but you applied under DIB. Under the DIB program, you’re entitled to go back before the date of the application. So you think you’re getting all the way back to Jan. 1, 2006, right? WRONG!! DIB only pays up to one year before the application so at best, you’re going to get money from Jan. 1, 2008 to present.
17) COUNTY REIMBURSEMENT. Some Counties, in an attempt to work with those persons who are unable to work, have arrangements with the Social Security Administration. As a result, if you find yourself receiving some type of housing assistance, SSA may automatically deduct money from your benefits (typically the SSI benefits) in order to ensure the County is reimbursed.
18) JAILS / PRISONS. As I stated above (Bullet #1), if you’re incarcerated, you are not entitled to receive SSA benefits. This point gets tricky if you find yourself being arrested because you may not have time to notify SSA. It’s important that your loved ones notify SSA as soon as possible because if you come out and you are still getting benefits, you may owe the government for the time you were incarcerated.
19) APPEALS OF PARTIALLY FAVORABLE DECISIONS. Partially Favorable Decisions or PFD are decisions by the Social Security Administration. These decisions are the governments way of saying that you are disabled but not for the length of time or time period that YOU think you are. You have the right to appeal this decision if you don’t agree. If you do, 3 things can happen. One, you can win and get the entire period you asked for in the beginning. Two, you can lose and SSA and social security will leave your benefits the way they are. Three, SSA can determine that they were wrong and that you were never entitled to benefits. This part is really tricky because if SSA thinks you should have been awarded benefits to begin with, you may have to reimburse SSA for everything they gave you.
I know I covered alot of information but I spend alot of times explaining to people why their benefits are impacted after they’ve gone through a lengthy process to get them. I hope this helps you.
Choose your Representative Payee wisely
Under the Social Security Regulations, in some instances where an individual has been awarded Disability benefits, SSA may determine that the person may need a Representative Payee.
The Representative Payee is an independent third party who is responsible for the receiving the disability funds on behalf of a person who has been awarded Disability benefits. This person has a financial responsibility for the individuals receiving benefits.
In some cases, it’s automatic. For instance, a child under 18 can’t receive their own money so a representative payee is necessary. However, it gets a little weird when you’re talking about an individual who may have cognitive problems, substance abuse problems, or psychological problems.
In any event, it is important that you take the opportunity to search for someone who is going to truly look out for your well being financially and ethically. Unfortunately, some people look at being the Rep Payee as a meal ticket to get someone else’s money and do what the hell they want to do with it. Finding a representative payee is even tougher when you find yourself in a position where you may not have a friend or a loved one to watch out for your financial well being. You may be stuck with what you can find.
Just remember that you must pay close attention to who you select to monitor funds and remember, if at any time you feel they are abusing your trust, you can have them removed in the place of someone else OR you can demonstrate to SSA that you can handle your own funds.
Remember, being a Representative Payee is serious business
Here’s where people get into trouble all of the time. Someone has been awarded disability benefits and the Government has mandated that a third party serve as the Representative Payee.
Now, for those of you who are not familiar with what a Representative Payee is, let me enlighten you. This person is typically a third person who is charged with the responsibility of receiving money on behalf of a recipient of Social Security Disability benefits. As such, this Rep Payee is responsible for making sure that the person’s money is being spent on behalf of the individual. The Rep Payee has to make sure the money is being used in the manner the individual who would have used it. For instance, if the disabled person is renting a place, the money should be used for rent. If the disabled person has bills, the rep payee has to make sure the money is used for bills. So, I’m hoping you get the general idea.
Here’s where it gets ‘coo coo’ for cocoa puffs! In some situations, the rep payee will take the money and use it for things OTHER than what the Rep Payee should be using it. OH MY GOSH! CAN YOU BELIEVE??!!!!! (lol)
It’s sad because the person who is harmed the most is the disabled person who is not getting the benefit of the money. However, what most people don’t appreciate is that when you have agreed to be a Representative Payee, you are agreeing to be fiscally responsible for this disabled person’s assets and, as such, you have a fiduciary responsibility.
Now, for those of you who got lost in all those crazy words that I just laid out there, let me put it in plainer English for you. If you use the money that was meant for the disabled person in some other manner than for the disabled person, you may be looking federal fraud charges!!!! That’s right! I said it!! So many times, people get the ‘high pro glow’ when they are Rep Payee because they think that they are getting something for nothing. The government is giving them money and they start thinking that it’s THEIR money!!!
Listen, I applaud all of those persons who take on the responsibility of being Rep Payee. It takes alot of time and energy to monitor your own funds and finances and so it’s tougher when you have to monitor someone else’s finances as well. Just remember, it is to your advantage to pay close attention to the financial responsibility that you took on when you decided to be representative payee. If you feel that you are at a point where you can’t do it, walk away. The last thing you want to do is screw up someone’s money.
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