1603. Beneficiary Over Age 18

1603.1 Are payments made directly to individuals over age 18?

Yes, payment is made directly to a beneficiary age 18 or older unless the individual:

1. Is judged legally incompetent;

2. Is mentally incapable of managing the benefit payments; or

3. Is physically incapable of managing or directing the management of the benefit payments.

1603.2 What is required for a decision of incapability?

A valid decision of incapability can be made only if established by convincing evidence. See §§1604-1607 for the definition of convincing evidence.

1603.3 If the decision has not been made, are the direct payments continued?

Yes, benefits generally continue to be paid directly to a beneficiary who is:

1. Legally competent;

2. Age 18 or over; and

3. Receiving direct payment of benefits, but may be incapable of managing these payments.

Direct payments are made until information and evidence is gathered to determine that a representative payee is needed, and who that payee will be.

Last Revised: Mar. 28, 2003