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-   -   Representative payee question (https://www.neurotalk.org/social-security-disability/199999-representative-payee-question.html)

everyoneneeds help 01-22-2014 12:34 PM

Representative payee question
 
Hello,

I receive Social Security for Depression,Anxiety and my friend needs a representative payee if I was her representative would it jeapalize my own benefits?
Thanks for any responds.

LIT LOVE 01-22-2014 02:25 PM

Quote:

Originally Posted by everyoneneeds help (Post 1045237)
Hello,

I receive Social Security for Depression,Anxiety and my friend needs a representative payee if I was her representative would it jeapalize my own benefits?
Thanks for any responds.

With depression and anxiety you already have a full plate and I would definitely advise against volunteering to become your friend's representative payee. Can you guarantee that your own health will never impact your duties? Can you afford the financial exposure if it's decided you used funds improperly and are liable to pay them back out of your own pocket, even though you can't collect a dime in exchange for all the work you'll put in? If he or she don't have a family member that would be trustworthy, a professional service might be a more appropriate option.

It's been reported that a person improving enough to no longer need a representative payee has been used to show evidence that they have improved enough to have their benefits terminated. Should you decide to go forward, "SSA requires you to complete the payee application in a face-to-face interview (with certain exceptions)." Whether an SS employee would question if you've improved and you might get stuck undergoing a long form CDR is at least a possibility. Or what if you open up a different can of worms and the SS employee decides you need a representative payee yourself? Add in that you could end up ruining your friendship if the person becomes resentful of your decisions, this just seems like there is substantial risk for you on many fronts.

Here is the list of what your required duties would be:
"A payee acts on behalf of the beneficiary. A payee is responsible for everything related to benefits that a capable beneficiary would do for himself or herself. SSA encourages payees to go beyond just managing finances and to be actively involved in the beneficiary’s life. The following lists the required duties of a payee.

Required Duties:

Determine the beneficiary’s needs and use his or her payments to meet those needs;
Save any money left after meeting the beneficiary’s current needs in an interest bearing account or savings bonds for the beneficiary's future needs;
Report any changes or events which could affect the beneficiary’s eligibility for benefits or payment amount;
Keep records of all payments received and how they are spent and/or saved;
Provide benefit information to social service agencies or medical facilities that serve the beneficiary;
Help the beneficiary get medical treatment when necessary;
Notify SSA of any changes in your (the payee's) circumstances that would affect your performance or continuing as payee;
Complete written reports accounting for the use of funds; and
Return any payments to which the beneficiary is not entitled to SSA."

There are some webinars at this link that might be helpful: http://www.ssa.gov/payee/index.htm#sb=2

everyoneneeds help 01-22-2014 06:28 PM

thank you
 
thank your respond. The friend is actually my wife and she has nonone else to be the payee. I dont have a payee myself and I am afraid to be hers. I called the 1800 social security number and the just said its up to our local office. I just dont want to lose my benefits. I dont know what I will do. Has anyone gone to be a payee and have a mental disability? Has it affected your benefits?

LIT LOVE 01-22-2014 08:06 PM

With your wife, I would be less concerned. You wouldn't really be managing more than your own household bills--assuming you're living together. It is still a big responsibility and she might resent the power you'd have.

If you're worried, just say no. They'll refer her to a service.

Janke 01-22-2014 10:09 PM

Quote:

Originally Posted by everyoneneeds help (Post 1045237)
Hello,

I receive Social Security for Depression,Anxiety and my friend needs a representative payee if I was her representative would it jeapalize my own benefits?
Thanks for any responds.

You can be a representative payee without jeopardizing your own benefits. If you misuse her money, it is easy for SSA to collect the misused funds from you. You need to keep good records and not just hand her money. I would open a separate checking account and write checks to pay her bills and do very little business in cash. Protects you. Protects her.

I am a bit concerned that you first referred to this person as a friend but then later corrected it to wife. Now you don't have to be totally honest with us here, but you do have to be totally honest with SSA. That response bothers me. Do the two of you live together? Is there SSI involved? It matters for SSI. It doesn't matter for SSDI. As payee, you should know the difference.

everyoneneeds help 01-23-2014 12:46 PM

S
 
Sorry I mentioned she was just my friend. I sometimes don't like to be so open with people I don't know well. Being gay is something I shouldn't hide. I have SSDI. So you think it will be ok. Thanks.

LIT LOVE 01-23-2014 02:23 PM

Quote:

Originally Posted by everyoneneeds help (Post 1045586)
Sorry I mentioned she was just my friend. I sometimes don't like to be so open with people I don't know well. Being gay is something I shouldn't hide. I have SSDI. So you think it will be ok. Thanks.

Do not be pushed into doing something you're uncomfortable with.

You're receiving SSDI, but is she or is it SSI?

everyoneneeds help 01-23-2014 04:02 PM

I amnot sure what is goingto get. I believe ssdi.

LIT LOVE 01-23-2014 04:36 PM

Quote:

Originally Posted by everyoneneeds help (Post 1045636)
I amnot sure what is goingto get. I believe ssdi.

If she had enough work credits it would be SSDI. If not, it'll be SSI.

My concern would be if you're not legally married...

Janke 01-23-2014 09:14 PM

Quote:

Originally Posted by LIT LOVE (Post 1045648)
If she had enough work credits it would be SSDI. If not, it'll be SSI.

My concern would be if you're not legally married...

Under the Windsor Court decision, SSA has a whole new set of complex rules regarding same sex marriages and holding out as married for SSI.

These policies are so new I can't find anything at socialsecurity.gov

LIT LOVE 01-23-2014 11:39 PM

Quote:

Originally Posted by Janke (Post 1045718)
Under the Windsor Court decision, SSA has a whole new set of complex rules regarding same sex marriages and holding out as married for SSI.

These policies are so new I can't find anything at socialsecurity.gov

You weren't kidding about complex. This is what I found: https://secure.ssa.gov/apps10/public...132013094652AM

Is it true that a married couple can get divorced, while continuing to live together, to allow an applicant to apply for SSI?

Janke 01-24-2014 12:47 AM

Quote:

Originally Posted by LIT LOVE (Post 1045745)
You weren't kidding about complex. This is what I found: https://secure.ssa.gov/apps10/public...132013094652AM

Is it true that a married couple can get divorced, while continuing to live together, to allow an applicant to apply for SSI?


SSA would probably decide that they were holding out as married and still consider them a couple. It obviously depends upon the details. If a spouse took in a homeless schizophrenic ex-spouse and let them sleep in the garage and use the bathroom, it probably would not be holding out as married. If the only thing that changed is the legality and not the sleeping arrangements, then SSA would probably consider them holding out as married.

Then there are the married couples that don't get along and consider themselves separated because they sleep in separate bedrooms and don't talk to each other. Well, for SSI, they are married and living together. Doesn't matter where they sleep as long as it is in the same house.

everyoneneeds help 01-25-2014 01:39 AM

Thank you
 
Thank you both for your input. She found someone else. A friend.

Thank you!

finz 01-26-2014 04:14 PM

It sounds like that's probably best.

I would have been concerned about you being able to meet all of the requirements of being a representative payee. I know that I've had to cancel quite a few of my own important medical appointments at the last minute because I am unable to get there because of complications with my own disability. I know that I would be unable to commit to being able to take responsibility for arranging for someone else's healthcare needs, even if I could help SOME of the time. I'd have to imagine with disabling depression and anxiety that you couldn't guarantee to be able to perform those duties either. The nature of the beast is that you just can't foresee when your good days or bad days will be.

Best wishes to both of you trying to live with your limitations.


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