Summary
The usual order of preference in selecting a Representative Payee depends on the identity of the beneficiary. The rules are different for:
Beneficiary Under Age 18
The order of preference in selecting a Representative Payee for a beneficiary under age 18 is as follows:
- A natural or adoptive parent who has custody of the beneficiary or a court-appointed legal guardian;
- A natural or adoptive parent who does not have custody of the beneficiary but:
- Contributes toward the beneficiary's support; and
- Demonstrates strong concern for the beneficiary's well-being.
- A relative or stepparent who has custody of the beneficiary;
- Any one of the following:
- A relative who does not have custody of the beneficiary but contributes toward the beneficiary's support and demonstrates concern for the beneficiary's well-being; or
- A friend with custody who provides for the beneficiary's needs; or
- An authorized social agency that has custody of the beneficiary but has not been awarded custody by the court;
- A relative or close friend who does not have custody of the beneficiary but demonstrates strong concern for the beneficiary's well-being; and
- An authorized social agency or custodial institution.
A Beneficiary 18 Or Older Who Is Incapable For Reasons Other Than Substance Abuse
The order of preference in selecting a Representative Payee is as follows for a beneficiary age 18 or older, who is incapable for reasons other than substance abuse:
- A legal guardian, spouse, or other relative who has custody of the beneficiary, or who shows a strong concern for the personal welfare of the beneficiary;
- A friend who has custody of the beneficiary, or who shows strong concern for the beneficiary's personal welfare;
- Any one of the following:
- A public or nonprofit agency or institution having custody of the beneficiary;
- A federal institution without custody;
- A statutory guardian or voluntary conservator;
- A private institution operated for profit and licensed under state law that has custody of the beneficiary;
- People other than the above who can carry out the responsibilities of a Payee and who are able and willing to serve, without reimbursement for services, as a Payee for a beneficiary; such as:
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- Members of community groups or organizations who volunteer to serve as a Payee for a beneficiary; and
- A friend without custody but who demonstrates a strong concern for the personal welfare of the beneficiary.
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A Beneficiary 18 Or Older Who Has A Substance Abuse Problem
For an incapable beneficiary age 18 or over who has a substance abuse condition, the order of preference in selecting a Representative Payee is as follows:
- A community-based nonprofit social service agency licensed or bonded by the State;
- A Federal, State, or local government agency whose mission is to carry out income maintenance, social service, or health care-related activities;
- A State or local government agency with fiduciary responsibilities;
- A designee of an agency (other than of a federal agency) referred to above, if appropriate.
- A family member may be selected as Payee if the family member:
- Demonstrates strong concern;
- Is able and willing to exercise adequate supervision of the beneficiary's behavior; and
- Is actively involved in the beneficiary's treatment program.
- If none of the above preferred payees are available, a payee is selected from alternate sources in the following order of preference:
- A legal guardian who has custody or who demonstrates strong concern for the personal welfare of the beneficiary;
- A treatment provider;
- A relative or friend who has custody of the beneficiary. A friend in this context is an individual with longstanding ties to the beneficiary who demonstrates strong concern for the welfare of the beneficiary;
- A public or nonprofit agency or institution having custody of the beneficiary;
- A private institution, operated for profit and licensed under state law, that has custody of the beneficiary;
- People other than the above who are qualified to carry out the responsibilities of a payee for a beneficiary. For example, members of community groups or organizations who volunteer to serve as payee for a beneficiary; and
- A friend who shows strong concern for the personal welfare of the beneficiary.
NOTE: While substance abuse is no longer a disability for the purposes of becoming eligible for SSDI and SSI, Social Security will still apply the above order of preference for recipients with a recent history of substance addiction.
To Learn More
More Information
Representative Payees 101 - An Overview