I used to be a client at TMS (AKA: Trust Management Services). TMS is a payee agency that manages your money that your recieve from SSI. I was there client since July of 2005. They dropped me as there client because I had informed them that I quite being a consumer at Alta. I argued that I'm still a client of Social Security Administration (AKA: SSA), and stated if they can make an acception? TMS told me that they couldn't and that they had to drop me.
My question to you is, does there actions interfere with my Civil Rights? Is this also Unfair Business Practices? TMS actions doesn't seem right. Before I became TMS client, they never told that they wouldn't serve me anymore if I wasn't a client of Alta. It wasn't written in any of there contracts either.
Nobody nor any organization is required to serve as a Representative Payee for a Social Security beneficiary. They can make the decisions to serve in that capacity on just about any criteria so long as they do not discriminate against a protected class of people (i.e. on the basis of race, ethnicity, religion, etc.)
Why not get your own Rep Payee? There must be somebody you trust...
Your payee will be responsible for taking care of your benefits, and should be someone who cares about you and whom you trust to handle your money. You can get a payee in either of two ways: SSA can choose one for you or can you choose one. You can choose almost any adult, with the following exceptions:
• You must not choose a person who provides a service to you for money (such as your doctor or your landlord) unless that person is a relative or is your legal guardian;
• You must not choose a person who has previously misused anyone's Social Security benefits, and
• You must not choose a person who has ever been found guilty of a crime against SSA.
The person you choose must provide proof of identity and a Social Security card to SSA. The person should also go with you to any interviews you have with SSA, if possible.
If you are unable to find a payee, SSA will give you a list of agencies that can serve as your payee. While you are reviewing the agencies on this list, SSA will keep paying your benefits directly to you while it determines whether or not you need a payee, unless SSA or a Court has found you incompetent or you have a drug or alcohol problem.
CAN I CHANGE MY 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.
WHAT IF I DISAGREE WITH SSA’S DECISION?
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.
Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.
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