Basic Duties of A Representative Payee for a Social Security Disability or SSI Beneficiary
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- Опубліковано 15 вер 2024
- Basic Duties of A Representative Payee for a Social Security Disability or SSI Beneficiary
Reference:
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As always, all statements in this video and elsewhere online are general information only, do not constitute legal advice and do not create an attorney client privilege. To obtain legal advice, retain a lawyer. Visit us at joydisability.com
Stephanie Joy has been practicing Social Security Disability law EXCLUSIVELY, no legal dabble elsewhere, since 2005.
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Are you allowed to use their money partial rent
See the link in the description.
bank rent down payments
For helping me I really didn't understand thank you so much😊😊😊😊😊😊😊
Thank you so much...
You're most welcome
Thank you
I have been on ssdi for 17 years and will be turning 65 in November . When i was awarded, it was for anxiety depression and back disks. The SSD doctor said i needed a representative payee. My sister was my first she has passed away now. i have my brother, who also has medical issues. I feel like i am a burden on him. My question is, is this for life ? I feel like i just want this over at this point. Like i said, i will be 65 in a couple of months. Can i end this Rep payee without losing my benefits. And if i do, will i receive regular retirement social security as if i started my retirement at 65 ? i know there will be a penalty. Thank you very. much.
If you think you can now handle your benefits, you can ask the SSA if you can be your own Rep Payee. It will help for your Dr to indicate that you are able to pay yoru bills and he does not see you being vulnerable to scamsters or being a "spendthrift". It may be that modern 'auto bill pay' can be set up that assists nearly everyone these days, so no one is writing checks and mailing them.
near 67 ish?) At that time, you cannot LOSE your benefits for become improved enough to pay bills b/c you will be on SSR. However, if you don't have a doctor saying you can manage this, the SSA may still want an RP.
I do NOT recommend halting SSD to take EARLY SSR b/c then, YES, I believe it will be reduced. In this day and age, we all need every penny we worked for with our insurances.
DO be careful about scams - everyone is being targeted, even me. I am in the know, because my career is entrenched in knowing about the frauds towards the vulnerable, and a skeptic by nature now anyway - but I have had MULTIPLE adult family members lose their sense and give out their info to scamsters - and PAY them 000s of dollars. So please be the cautious, not the gulable. I hate to say trust no one... but...
Thank you very much for your reply @@AllThingsSocialSecurity
Thank you Stephanie.
Welcome :)
If I become my adult brothers payee can I be sued if he is in car accident or some other problem occurs , can they come after me since my name is on checking account with him??
For three children who receive survivors benefit and is under the care of their biological mother have to get three bank accounts for the monthly deposit. ? Also Does a parent have to keep records with the money is spent or is the parent exempt ?
My understanding is 3. However! If that is a huge pain, and being the parent, I'd ask the SSA - then if they say you can merge it, I'd confirm it in writing to them, to the person you spoke with, mailed cert. RRR, and if you don't hear back in 2 months, maybe consider taking it as gospel. If it ends up not being gospel, you likely have covered your bases of due diligence and can prove it.
As for documenting spending - it is my "understanding" that as a parent, we are not held to the same scrutiny as a non-parent RP. However, I do not see that offiically in writing. So, perhaps follow the above DD steps or similar... It is not like you would be unable to document the house rent/mortgage, utilities, kids clothing, food, recreation, day camp, leisure fun, rides to friends' houses, etc. Survivor benefits certainly does not cover ALL of their needs, only helps alot - so even if a reporting were not forthcoming, which happens A LOT with parent RPs, you could quite easily recreate the realities of the year (keep a calendar!)
@@AllThingsSocialSecurity thanks for replying. I truly appreciate that..
@@Peace72563 My privilege. Trying to get caught up here before diving into the day!
I'm 26 and just got approved today for SSDI. I am making my mom my rep payee. Can we just have a joint bank account where she makes sure I pay and document/ keep reciepts all of my bills-- and then after my necessities are taken care of for the month, I have spending money for myself? I need some kind of money after bills to have a life and not be miserable. I like to have fun, too. Not just survive.
AW!! YAY! So happy for you! She needs to read whatever the SSA currentliy states. Usually if you need an RP, it is safer for a separate bank account so she can easily then know and provide documentation of bills paid or rest to you to have fun :) It is really more for her own protection.
I just received lump sums of back pay for my minor children because I qualified for SSDI. My oldest will be 18 in June and I wanted to save for his college. Does it have to be spent before age 18. Ssa also said I could just put their money in my account which is a joint account with my husband (their dad)?
No it does not have to be spent. However, if you don't spend it it must be saved and then, when they turn 18, ssa will want it back so ssa can then send it to the 18 year old. Most 18 year olds will blow it.
I prefer a different solution, such as using it for his share (proportion) of housing costs, his food, clothes, recreation, fully. If his SS support for his basics then allows you to save with your husband, like you probably do anyway, NOT involving the kids... the savings is NOT leftover SS moneys of the kids b/c that was spend on their needs... and you can later, when they are older and you feel have good sense... gift it to them, help them build IRA if they are working, give it to them for college, or to start a biz, or buy a needed car... I'd prefer to not have SSA involved, so I'd be using the dependent benefits when they are minors for the very purpose those dependent benefits exist... That's just me :)
Ok so what if I needed to get a vehicle with some of the back pay? This is for my minor autistic child and he hasn't started receiving funds yet. We need the transportation.
If he has no transportation, and it is needed for his care, I'd imagine that would work - but call your local SSA and inquire. How have you been transporting thus far?
I believe you have to get approval from SS on things like this. I was told if unsure to call..they are extremely specific on what a dedicated acct with the back pay is used for
@@aventfulheart5890 I agree - one can secure transportation, but I wonder if the fact that the car will be used for things NOT for the child, will be an issue. She could perhaps buy a car with her OWN money, then charge for it, month by month, transportation expenses, for doing things directly for child.
@@AllThingsSocialSecurity i think if ppl had money to do this they would but this is a good idea
1 How do I become a member of your channel?
2 Does this apply for children of survivor benefits “Countable resources exceed $2000“?
3 is the parent allowed to save the money for children of Survivor benefits like from the lump sum or put some funds to the side from monthly payments, etc. or does saving goes against-them?
Thanks
Click on Join to review choices. Which membership you choose will reflect what 'perks' are included.
Social security, including surviving children benefits, are NOT needs based - so the countable resources has no limit. I LOVE seeing a parent be able to save the money for th e child's future, for a leg up later thanks to the planning and thoughtful parents.
Note that IF you save THE SS moneys in a child's account, vs. spend it on his needs NOT, the SSA will likely demand you hand it over to IT, so IT can send it to child at 18. That may defeat the purpose, particular if 18 is not a great year to responsibly get a bunch of cash. Some consider using it as allowed, in full, on child share of living expenses and growing needs... and because the living parent now has that assistance of the child support, she can often simply put X amount of her own, into her OWN savings vehicle, that she can later give or not give to the child, and the SSA has no bearing. Capische?
What’s the difference between the monthly deposits and the back pay? Asking because I had to do the report using of the money document so that SSA can deposit the 2nd lump some of the back pay. How many receipts do I need to collect in order for them to be sure that the money is being used correctly for my daughter.
Back pay is owed from retro months before she prevailed. Because there are resources limitations, she must spend down that back pay, and that is they they dole it out in pieced so she doesn't fail to spend enough down and then LOSE her monthlies for every month she failed to spend down.
It is not the number of receipts that matters, just that you prove it was, dollar wise - SPENT and not put in cookie jar or under mattress. If she is able to save, she can self support with the savings and not need the taxpayed SSI fund to support her for those months.
Speak to a financial expert in this area perhaps. There are SSI smart ways to spend down with out wasting it - such as paying down her mortgage so she owes less... or putting a deposit down to buy an affordable little place she can carry on her SSI income... look into those kinds of things... less useful ways that won't benefit her later would be vacations, lobster, etc. Those things disapear, while a lower mortgage or one of shorter duration left, or a tiny house instead of paying rent, make finances better later.
My son is 18 and getting adult child benefits because he is disabled and my husband has passed. What is the best type of account to open for the rep payee. And what type of savings (joint savings account?) to save the remainder?
It must be fiduciary. I think there is a video coming out soon on this.
god bless these people they work for the ill and tired one,who cant handle it alone and was denied no lumpsome,back issues are the worst pain plenty tissues,we pay taxes with the promise of compensation,ive worked since 1985 after high school graduation,young lady yr the best pulling files from our records or mri test,fighting in court many battles fought,many years of experience so this field is taught,bless what u do🫡
Elad, sounds like we graduated the same year!
My 27 year old son gets SSDI based on his disability, his father who is disabled turned 65 four years ago and now my son gets two deposits. I'm trying to do two reports when one was hard enough. I'm finding this overwhelming. I was off by $18 last year and thought I was going to jail. The person on the letter never returned phone calls. I went to the local office and three people couldn't tell what the problem was. Trying to keep receipts and often you can't read them by the time you get home, the ink has rubbed off.Your in a hurry and put a prescription on your personal credit card and it's just too much. Should I open two bank accounts and have the deposits separated? Then that's two bank accounts to keep up with. I read adult disabled children who live with parents don't need to do reports. I called SSA and the woman said if I wanted to explain no reports to SSA that was my decision.
Scan your receipts in to preserve them.
I DO think it is easier for RPs who are RPs for their own children who live with them.
Is your son ONLY on Social Security and NO SSI?
My son is on SSDI, NO SSI. He collected benefits under his fathers disability along with his own disability and it was one deposit. At 65 his father's benefits converted to retirement and now my son gets two SSA statements and two rep payee reports. This is where it gets overwhelming. I save in his ABLE account. I'm trying to split all his expenses between two reports. I'm showing saving money for him in ABLE.. Last year I put all the ABLE funds on one report, so the other report shows I saved nothing. I found this called Reducing the Burden on Families as Rep. Payees. "Under the new statutory provision, representative payees who are parents or legal guardians living with their child, parents living with an adult disabled child, and spouses are no longer required to file an annual report accounting for how they spend the child's or spouse's benefits. However, these representative payees are still legally required to use the benefits on behalf of the beneficiary and according to our rules." I find nothing in any SSA information that shows this, It's like they never got the memo. This is the link. Thank you.www.federalregister.gov/documents/2022/06/13/2022-12682/reducing-burden-on-families-acting-as-representative-payees-of-social-security-payments [8@@AllThingsSocialSecurity
I was just made a payee rep for my brother, and the SSA rep said I should open a payee rep bank account for him even though he already has a regular checking account. I went to my bank and the person there said I need to bring in a specific document she said should be mailed to me from SSA, do you know what doc I need? I ask because I went by my local SS office, told the lady there what the bank rep said, she printed out some SS award notice and said that was all I needed to bring with me to the bank to set up the account, but the bank rep said it wasn't, and there should be some other letter or something that's supposed to be mailed to me. But she couldn't tell me exactly what it is.
I believe the bank rep is wrong, which is a frequent problem. The under trained bank rep (don't get me started on what corp tries to require from very untrained staff in these offices, in the areas of legal trust / custodian accounts, etc.). You need to get a manager and complain up the banking pipeline.
The reason why your brother's own bank account is not appropriate or is SSD or SSI funds is that he is NOT to have direct access to them as whole - only what you give him for 'spending', like an allowance. So it would be more of a account in YOUR name, as custodian or him. You sufferd an untrained back staffer - even though that staffer may have worked in branch bansk for 30 years. I say this because we (my husband ) had to deal with MANY band appointments with a well known large bank, had to do the learning FOR the bank(er) as to openiing up a trust bank account as created by our Granny who has just passed in 2023. Many 1/2 days taken off of work and the stress and frustration upon my husband took a major toll. It was horrendous. I believe you may have to be a respectful dog with a bone and don't 'give up. Complain. If you do not have a bank account there, they may not give a hoot, but if you have or get a small one, then complain about not getting competent assistance.... The fact that the banker didn't even KNOW what imaginary letter she was talking about speaks volumes - I wonder if she confused this kind of custodial account with something use for GUARDIANS, of which you are not vis a vis what you are trying to do here (guardianship is a way bigger undertaking in state court, not federal).
Anyway, that is my thoughts... on these basic facts... nothing guaranteed of course.
@@AllThingsSocialSecurity Thank you for the info. I contacted my SS office again and again explained what I was trying to do with the bank, she said she would mail me an award letter, but I told her the bank rep already said I need something else. So she's supposedly sending me a diff. doc in the mail. I guess some official doc that states that I am the payee rep. When I did a search online all I could find was that there's supposed to be some type of SSA designation letter for payees to get hold of. So I guess that is what I need to bring to the bank. And I hope this is what the SSA rep I spoke with is going to mail to me. Though I don't understand why they couldn't just give this to me when I went into my local SSA office. Unless the person there I spoke with had no idea what she was doing. Oh well, we'll what happens. If I don't receive anything by Mon. I will have to back to the SS office and make sure I get this doc.
@@tristkiss You never got notice that YOU were assigned the role of RP???? Goodness, that was a given :)
What happens in a 50/50 custody joint legal and physical with a 3/3/5 schedule and one parent is approved for disability. Who becomes the payee for the child's beneficiary benifits? How does ss decide what parent to pay if everthing is even custody? Does it go to the parent with the disability by default. When the disabled parent is fully capable of being payee.
Presumably (so take this with a grain as I haven't researched this battle), if all else is even and the disabled person is not deemed unable to handle funds, then the disabled parent would likely be the RP, since it is upon his or her work record,effort and contribution that created those child benefits AND, he/she does not have the child LESS than the other.
And great question!! More disabled parents will probably battle over 50/50 in days over this, understandaly ...
@AllThingsSocialSecurity
Not sure what to take from that. I just can't believe that this is a thing I have to wonder about.
@@DRUMSandBUBS Why don't you just call the SSA. The SSA is gender neutral, if that is your concern.
And of course, this effects child support amounts often time, SO, I'd have your child support attorney give you his take.
🌞 I read on SSA website: If we're unable to manage the DI or SI benefits/payments, SSA will appoint a money manager for us. -But if we know we can't manage the payment then we should appoint our own payee representative money/benefits manager, right?
Oh, can the benefits be used to make a child support payment?
Thanks again Stephanie & cheerio! 🦜 🕊 🐦
Yes, if you have no trusted competent people in your life to manager your funds, the SSA will pick an institutional RP. That wll cost YOU each month. And if your child needs an institutional RP, it will cost him also.
Should WHOSE benefit be used to pay child support for WHAT child?
I'm a grandparent that has custody of my 12yr. grandson, just got him approved and as I'm reading and listening to these channels, I'm so confused as to are me and my husband allowed to use money from that to help pay utili,or help with our groceries.
Hi Renae, I think a thank you for your service to your Grandson is in order - although I am sure you don't need thanks, but I appreciate it and he is lucky to have you. I presume your Grandson is getting SSI because he is disabled, is that correct? Please let me know. How much is he getting, may help.
@@AllThingsSocialSecurity He is autisic,odd,adhd. We were getting something called caretaker benefits from welfare, but now they stopped that cause he is now receiving ssi and will be getting 900.00 and something.With the caretaker check I just paid our everyday intilities and grocery, now I'm affraid to do anything with it after things I have read and seen online. I plan on paying the same bills and things we were paying out of the caretaker check with his ssi but I'm not sure we can do that now.
Us his for his fair share of home, such as if there are 3 of you and the rent is 1000, his is 333... same with utilities, food, etc.... then you used your own income for your own share of support... Really, 914 is likely no where near what the value is of what you provide him , so you are extending... for instance you drive him to dr appts, buy him clothing, internet, video games, @@renae740 BUT SEE HERE for the SSA word on it: www.ssa.gov/ssi/text-repayee-ussi.htm
Remember, he cannot have much of it saved b/c he can't have more than 2000 in countable resources, so be sure to spend it on him. @@renae740
Can mothers pay the rent where the child resides if the child lives with the mother?
Parent can use child's benefit for child's share of rent, yes.
@@AllThingsSocialSecurity okay 👌🏾 thanks
I'm willing to learn with you how to apply for your benefits for the people who have a disability
Welcome Daniel!
This is my first year filling this out for my grandmother.
Under the expense: is it the total expense or the total benefit used.
For example let's say she received 10,000 butter nursing home is 5600 a month.
Would I then put the 5600 * 12 in the spot? Or would I say we used all 10,000 on housing.
I think what I got from your video is it'll be the 5600 times 12.
What 'spot' are you talking about? Many forms, many changes, so please be specific. I can't advise you on that here of course, but only general information. I am curious though, 10,000 does not come from SS, so you may be speaking of something else?
@@AllThingsSocialSecurity I left a message on your phone number provided on the video
You should get a text with directions. Give it a day or three, they get really backed up.
What If you're the mom? My son is 3. They are giving him back pay but said he no longer is disabled. Made me setup a account for $ for him. But saying I can't use it for what I usually used his monthly payments for. He's so young they want me to spend it on things like 'jon training '. He only had low birth weight.
It gets a bit confusing to me as well in some instances. (www.ssa.gov/pubs/EN-05-10076.pdf). Since he is not disabled and that is money from past days when you got by and apparently were able to support him notwithstanding not yet having that money, perhaps consider putting it in a savings account for him for his future (so it doesn't disappear on a short period of your household bills, then be gone and no longer there to pay house bills and you going back to paying them as you typically did)... it could be a college fund, a fund to start a business when he grows up, for to buy his first home, after all...
Alternatively, if you wish to be reimbursed for supporting your child for prior months, look into the possibility of having his moneys in his account being used to pay back 'loaned' shelter costs and such, his share of house bills. But double check with SSA if this is what you wish to do - it may be akin to your son having 'borrowed' from you to support himself, and now having him pay you back. See if the SSA has a problem with you having him pay you back ( may be an uncomfortable request though ). If you can, get it in WRITING that you can do this b/c I hear different answers all around on different things with clerks at the field offices, and if it is wrong and you do it, no one will admit to having told you you could do that. But the saving for his future is no problem.
@@AllThingsSocialSecurity hmmm this is interesting advice. I'll take it into consideration and do more thinking.
It is not advice at all, as I only offer general information and considerations here, as I do not represent you and as such, don't know your facts - these things are very fact specific and I recommned perhaps speaking with the SSA again for more clarity on your specific situation.@@erikasmith6322
What happens if you win the lottery with SSDI money?
You are very fortunate!!
So if I’m my moms payee and she lives a hour away am I able to use her money to cover gas to and from her with her approval when she needs me to pay a bill or take her to get groceries ?
I believe you can, but due to the conflict of interest, you best be super diligent about recording miles traveled, which days, etc etc. And I'd not charge her gas money to pay a bill for her, which does not require a trip out there. And if you are also shopping for yourself while taking her shopping, you could be using her money for YOUR driving wants, or at least 50/50, so math it out accordingly to keep yourself safe, just in case.
Hi there, question, can a RP pay a bill for the beneficiary from their own money? Will this affect the benefit? How would they (SSA or SSI)know if the bill had been paid by the RP?
Thanks for your insight.
That will depend on the benefit the beneficiary is receiving and / or the type of bill paid (SSI v SSD); Also, the SSA does not advertize to us their ways of learning if someone is violating an eligibility rule and hiding it - if it did, people who are trying to commit fraud would simply use a work around.
That said, there are times an RP can pay out of their own money, and if it is SSD, it is not material. But if the ben. is receiving welfare SSI, and has other income that is not a loan from the RP (income can be cash or in kind), then that may have to be counted as income in the month received, and may effect then, what he should have been paid by SSA for his SSI.
Hi, I have been appointed my adult daughter rep payee. She’s been living in my house for a year and a half rent free with the understanding that she would pay me back when this all closed off. She did not want to work so I made her apply for disability and I told her that if she got back pee she would have to pay me $400 a month for every single month that she’s been living with me. I knew how hard it was to get approved, but my daughter clearly has a lot of emotional issues and she got approved for SSI. I will imagine that they will be paying the backpay from the time that we applied which it says on the matter. I am a creditor I guess you could say but also her rep payee, so how do I get it approved that the money will be spent or pay me back for living in my home for free for a year and a half. Also, do you know that if I have to report this as income on income tax? The rent amount going forward will be $400 a month that will come out of her monthly benefit. Will this have to be reported as income? I don’t want to have to pay more taxes.
I can't speak to your tax obligations. But read up on bona fide loan agreements re shelter; consider getting it in writng from the two of you that indeed she has been renting from you starting X date to the present, and that because she was uanble to pay at that time, the rent she owed was loaned to her via shelter. Speak to a tax professional about your tax questions. But otherwise, SSI back benefits can be used to pay debt and bills, just make sure there is proof of the debt and then document the payment. You just can't create a new debt if it was never a bona fide loan back when you say it started. Loans can be verbal, but now you have to document that indeed you two did have this agreement. Look into "bona fide loan" in the ssa site. @@methoticaarts1787
@@AllThingsSocialSecurity thank you o much this helps so much
My aunt is refusing to pay my rent and water bills she is my payee she is making my pay her car what should I do
I'd likely consider going to the SSA if there is evidence of embezzlement/fraud.
So what if my mom is my beneficiary which she is amd I want to by some alcohol I can't she has that choice to restrict or restrain me as an adult of 39 year old male?
HI Miles. If you have an RP, it is generally because the SSA found via the evidence that you are not capable of reliable handling your money for your survival needs or your health needs. As such, the RP, so long as she is using your money for your needs, has quite a bit of discretion on what is not your need, what should be saved for your future rainy day, etc. Should you feel you have recovered enough to be able to mentally/physically control your moneys, you can ask to have that power back again, and have your mother removed. You may want to get medical evidence of your improved capacity but beware that if you are medically improved, you may be subject to a review to see if remain disabled, despite improvement.
Hi I have a question. My child is currently receiving SSI and the Social Security office told me he has some backed up money but in order to access they said I needed to open a savings account for my child as a representative payee but I went to capital one and they said they Dont do those kinds of accounts. And I'm looking up online to see where I can open up an account like that and I haven't had any luck. If possible could you please tell me a list of banks that allow me to open up an account that the ssi is looking for. Please and thank you in advance.
That is because you likely have to present yourself IN PERSON to avoid scams. You will want to go in person, to your local bank. No, we don't research online banks for people at any rate. You could perhaps hire a teenager or college student though for some cold calling so you don't have to do that yourself - but again, I expect you need to present yourself as I have found I had to do for ANY account for my child.
Thank you. And for capital one I went in person since I already had an account with them but they claimed they can do a kids savings account but not a payee representative account. It left me a bit confused because when you look it up online it says any mayor bank does representative payee accounts but it doesn't give me any actual specific bank such as TD or Bank of America ect.
@@marielisandujat1993 Ha! I didn't even know Cap One had brick and mortar! Good to know. OK, so in that case, I am pretty sure the banks don't call it a Rep Payee Account; it is a 'dedicated' account (see here at page 5: www.ssa.gov/pubs/EN-05-10076.pdf. But the banks may call it a custodial account perhaps. Ask about it. I think this is a big source of confusion to so many, and the SSA doesn't get into what the banks call such an account. But I if you provide the bank with that language from page 5, noting that you need to be handler of the account, you may get some resolution. Feel free to let us know what ends up working!
@@marielisandujat1993You can go to TD banks and open a regular checking
Hi i have a question, my son gets ssi for disability due to a blood disease. He has been on it for a little bit not to long but anyway he has a back pay amount wich is a large amount over 5,000 he is receiving his back pay now i just dont know how to use it for him. Im the representative payee over him cause he is 13. I dont know how i can use it for him since he dont need any medical, job training skills or education. He gets his medicine through the government for free Praise GOD so how can i use the funds on him? Can i buy food every month for him? Or maybe Internet servise for him for school work and for his own enjoyment? Also do you think building him a bedroom in our camper would be Approved? He wants a bedroom so bad but doesn't have one cause we live in a small camper. Im just trying to do the right thing for my son and dont want to get in any trouble.thanks and GOD BLESS YOU
Refresh me, is it addressed in this video?
What is the rp report is wrong 1:07
If you prepared it wrong, you should correct it most likely.
What happens when their representative payee goes on a vacation to Mexico with that money?
That is criminal fraud in my book and should be reported - preferably with proof that it was the adult SSI recipients money and not the RP's own money.
What happens when there is embezzlement and white collar crime involved with the representative payee?
What happens when there is embezzlement and white collar crime involved with the representative payee?
If he/she gets caught, he she could be prosecuted.