How To Choose A Representative Payee

The usual order of preference in selecting a Representative Payee depends on the identity of the beneficiary. The rules are different for:

• A Beneficiary Under Age 18
• A Beneficiary 18 or older who is incapable for reasons other than substance abuse
• A Beneficiary 18 or older who has a substance abuse problem

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.

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:
  • • • 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.

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.