1601. Interest of the Beneficiary

1601.1 When does SSA select a representative payee?

When the beneficiary is unable to manage or direct the management of his or her benefits, we select either a person or an organization to serve as representative payee.

1601.2 Must the beneficiary be declared legally incompetent before a representative payee is selected?

No. If we decide that the beneficiary is incapable of managing or directing the management of benefits, we appoint a payee. Beneficiaries under the age of 18 are generally considered incapable of managing benefits and also require a payee. However, if a beneficiary is legally incompetent, they must have a payee.

1601.3 What evidence must be provided before a representative payee is selected?

Convincing evidence that an adult beneficiary is incapable of managing or directing the management of his or her funds must be provided before we designate a representative payee. (See §§ 1604-1607 for acceptable evidence of mental or physical incapability.)

Last Revised: Feb. 2, 2007