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.
