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How To Choose A Representative Payee

A Beneficiary 18 Or Older Who Has A Substance Abuse Problem

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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.

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