Appealing or Changing Your Appointed Social Security Representative Payee

Brian S Wayson

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Social Security Lawyers

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Posted over 2 years ago. 1 helpful vote

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Appealing or Changing Your Appointed Social Security Representative Payee

WHAT IF I DISAGREE WITH SSA’S DECISION TO APPOINT A REPRESENTATIVE PAYEE FOR ME?

If you did not ask for a Representative Payee but Social Security has decided you need one anyway, you have a right to appeal several of the SSA’s decisions:

• You may appeal SSA's determination that you need a payee; • You may appeal SSA’s decision to select a given payee for you; • You may appeal SSA’s denial of the person that you have chosen to be your payee, or • You may appeal SSA’s denial of your request to change your payee. • You can also appeal SSA's failure to pay your benefits directly to you while it is investigating its decision that you need a payee or while you are following through on SSA's suggestions for a possible payee.

You must file your appeal on the proper form no later than 60 days after the date noted on the SSA notice that you disagree with, UNLESS THE NOTICE STATES SOME OTHER TIME, such as 10 days or 30 days. You can get an appeal form at your local Social Security office.

CAN YOU CHANGE YOUR REPRESENTATIVE PAYEE?

Yes, you can change your payee if you wish. If you decide to change your payee, you should notify SSA as soon as you make the decision. You will need to fill out an application form at your local Social Security office.

The person you choose to replace your present payee must provide SSA with a letter indicating that he/she is willing to serve as your payee and must provide SSA with proof of his/her identity.

Once you’ve sent the application form and the new payee has sent the letter to SSA, the change in payee should take effect in about a month. You and your new payee should each receive a written notice of this before any benefits are paid to the new payee.

• You may appeal SSA’s denial of the person that you have chosen to be your payee, or • You may appeal SSA’s denial of your request to change your payee

You must file your appeal on the proper form no later than 60 days after the date noted on the SSA notice that you disagree with, UNLESS THE NOTICE STATES SOME OTHER TIME, such as 10 days or 30 days. You can get an appeal form at your local Social Security office.

Additional Resources

www.ssa.gov www.brown-wayson.com

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