The Social Security Administration (SSA) may appoint an individual to serve as your representative payee, meaning that they will receive and manage your monthly benefits payments on your behalf. Rest assured, this person has a fiduciary duty to act in your best interest and will never use these funds for their own benefit. Even still, since not every Social Security recipient has one, you may wonder why you do. Please continue reading to learn why you potentially need a representative payee, and how an experienced New Jersey SSDI benefits lawyer at The Law Offices of Sheryl Gandel Mazur can step in if you are unhappy with the arrangement.
How will Social Security determine if I need a representative payee?
Simply put, the SSA may conclude that you must be assigned a representative payee if it has reason to believe that you cannot understand, manage, or use your monthly Social Security benefits payments safely and in your best interest. It usually bases this decision on your disclosed medical or cognitive condition.
For example, if you were eligible for benefits in the first place because you have an official diagnosis for Alzheimer’s disease, dementia, a severe mental illness, an intellectual disability, or a traumatic brain injury.
Otherwise, the SSA may request that you undergo an independent medical evaluation conducted by a qualified physician, psychiatrist, and/or social worker. This professional may report back on whether or not you have the mental capacity to handle your finances to ensure your basic needs are met.
What if I begin experiencing issues with my representative payee?
When selecting a representative payee, the SSA may prioritize a family member, close friend, or caregiver. If no suitable individual is available, it may refer to a nonprofit agency or government organization. You may nominate someone on your own, but they must pass the SSA’s background check and screening.
Unfortunately, though, down the line, you may be dissatisfied with your representative payee’s performance. More than that, you may have grounds to believe that they have misused your monthly Social Security benefits funds or otherwise made you a victim of financial neglect or abuse.
If these are the issues you are currently experiencing, we advise you to request a reconsideration with an administrative law judge and continue up the appeals ladder if necessary. Of course, you should hire a lawyer to help you gather evidence of such financial exploitation for your case.
But in addition, your lawyer may also assist you in setting up legal protections, so that you may no longer have to work with a negligent representative payee. That is, our team may refer you to a seasoned estate planning attorney, who may guide you in establishing powers of attorney or guardianships in your estate plan, so someone else can take over your Social Security payments.
There is no need to wait any longer to hire a skilled New Jersey SSDI benefits lawyer if you are already ready to get on with confronting your representative payee. Reach out to our law firm, The Law Offices of Sheryl Gandel Mazur, at your earliest possible convenience.
