C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) › Subpart U—Representative Payment

20 C.F.R. § 404.2001

Introduction

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(a) Explanation of representative payment. This subpart explains the principles and procedures that we follow in determining whether to make representative payment and in selecting a representative payee. It also explains the responsibilities that a representative payee has concerning the use of the funds he or she receives on behalf of a beneficiary. A representative payee may be either a person or an organization selected by us to receive benefits on behalf of a beneficiary. A representative payee will be selected if we believe that the interest of a beneficiary will be served by representative payment rather than direct payment of benefits. Generally, we appoint a representative payee if we have determined that the beneficiary is not able to manage or direct the management of benefit payments in his or her interest.

(b) Policy used to determine whether to make representative payment. (1) Our policy is that every beneficiary has the right to manage his or her own benefits. However, some beneficiaries due to a mental or physical condition or due to their youth may be unable to do so. Under these circumstances, we may determine that the interests of the beneficiary would be better served if we certified benefit payments to another person as a representative payee.

(2) If we determine that representative payment is in the interest of a beneficiary, we will appoint a representative payee. We may appoint a representative payee even if the beneficiary is a legally competent individual. If the beneficiary is a legally incompetent individual, we may appoint the legal guardian or some other person as a representative payee.

(3) If payment is being made directly to a beneficiary and a question arises concerning his or her ability to manage or direct the management of benefit payments, we will, if the beneficiary is 18 years old or older and has not been adjudged legally incompetent, continue to pay the beneficiary until we make a determination about his or her ability to manage or direct the management of benefit payments and the selection of a representative payee.

Notes of Decisions
Cited in 42 cases (4 in the last 5 years), 1983–2025 · leading case: Bates v. Northwestern Human Services, Inc.
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Bates v. Northwestern Human Services, Inc. (2006) dcd · cites it 3× “to [a representative payee] for the use and benefit of the individual”); 20 C.F.R. §§ 404.2001 et seq. and 416.601 et seq.”
Washington State Department of Social & Health Services v. Guardianship Estate of Keffeler (2003) scotus “§§4G5(j)(1)(A), 1383(a)(2)(A)(ii)(I); see 20 CFR §§404.2001 , 404.2010, 416.601, 416.”
Guardianship Estate of Keffeler v. Department of Social & Health Services (2001) wash · cites it 3× “§ 405 (j)(l)(A); see also 20 C.F.R. §§ 404.2001 (b), 416.601(b). Generally, a representative payee is appointed whenever a beneficiary is under 18 years of age.”
Y.H. v. M.H. (2018) calctapp5d · cites it 2× “( 20 C.F.R. §§ 404.2001 , subd. (b)(2), 404.”
In re Ryan W. (2013) md · cites it 2× “” 20 C.F.R. § 404.2001 (b)(1) (emphasis added).”
Davis v. Davis (2010) nd · cites it 2× “Generally, if a beneficiary is under age 18, they will pay benefits to a representative payee, the person who has custody of the beneficiary.”
Knutson v. Department of Social & Health Services (2011) washctapp · cites it 2× “20 C.F.R. § 404.2001 (b)(1). However, if the beneficiary cannot manage the benefits, the Social Security Administration appoints a representative payee.”
Brown v. Murphy (1996) illappct · cites it 2× “Under the Social Security Act (Act), the Federal Social Security Administration promulgates formal agency regulations which are codified at 20 C.F.R. §§ 404.2001 through 404.2065, and 416.”
In re the Estate of Kummer (1983) nyappdiv “Those regulations were recently extensively revised and renumbered as 20 CFR 404.2001 through 404.2065 (see 47 Fed Reg.”
In Re the Marriage of Anthony-Guillar (2009) coloctapp “20 C.F.R. §§ 404.2020 (d), 404.2021(c)(1). A representative payee must "Iulse the benefits received on [the children's] behalf only for [the children's] use and benefit in a manner and for the purposes he or she determines, under the guidelines in this subpart, to be in [the…”
Woodall v. Bartolino (1985) njd · cites it 2× “§ 405® and 20 C.F.R. § 404.2001 ; 42 U.S.C. § 1383 (a) and 20 C.”
Ivy Mason, on Her Own Behalf and on Behalf of Those Similarly Situated v. Peter Sybinski (2002) ca7 “§ 405 (j) (2001); 20 C.F.R. § 404.2001 (2000). Representative payees are subject to a number of Social Security regulations created to prevent misuse or abuse of the funds.”
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