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. § 404.2010

When payment will be made to a representative payee

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(a) We pay benefits to a representative payee on behalf of a beneficiary 18 years old or older when it appears to us that this method of payment will be in the interest of the beneficiary. We do this if we have information that the beneficiary is—

(1) Legally incompetent or mentally incapable of managing benefit payments; or

(2) Physically incapable of managing or directing the management of his or her benefit payments.

(b) Generally, if a beneficiary is under age 18, we will pay benefits to a representative payee. However, in certain situations, we will make direct payments to a beneficiary under age 18 who shows the ability to manage the benefits. For example, we make direct payments to a beneficiary under age 18 if the beneficiary is—

(1) Receiving disability insurance benefits on his or her own Social Security earnings record; or

(2) Serving in the military services; or

(3) Living alone and supporting himself or herself; or

(4) A parent and files for himself or herself and/or his or her child and he or she has experience in handling his or her own finances; or

(5) Capable of using the benefits to provide for his or her current needs and no qualified payee is available; or

(6) Within 7 months of attaining age 18 and is initially filing an application for benefits.

[47 FR 30472, July 14, 1982, as amended at 54 FR 35483, Aug. 28, 1989]
Notes of Decisions
Cited in 19 cases (4 in the last 5 years), 1985–2026 · leading case: In re Ryan W., 76 A.3d 1049 (Md. 2013).
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In re Ryan W., 76 A.3d 1049 (Md. 2013). · cites it 3× “” 2 20 C.F.R. § 404.2010 (b). *584 The SSA aims to select “the person, agency, organization or institution that will best serve the interest of the beneficiary” when appointing a representative payee.”
Davis v. Davis, 2010 ND 67 (N.D. 2010). · cites it 2× “20 C.F.R. 404.2010(b); 20 C.F.R. 404.2021(c).”
Marriage of Truman v. Truman, 642 N.E.2d 230 (Ind. Ct. App. 1994). · cites it 2× “See 20 C.F.R. § 404.2010 ("Generally, if a beneficiary is under age 18, we will pay benefits to a representative payee.”
In re Ryan W., 56 A.3d 250 (Md. Ct. Spec. App. 2012). · cites it 4× “20 C.F.R. 404.2010(b). 2 *705 SSA regulations provide that the SSA shall choose a representative payee who will best serve the interests of the beneficiary.”
Guardianship Est. of Keffeler v. STATE, DSHS, 88 P.3d 949 (Wash. 2004). “§§ 405 (j)(1)(A), 1383(a)(2)(A)(ii)(I) (2000); 20 C.F.R. §§ 404.2010 (b), 416.610(b) (2003).”
Brown v. Murphy, 664 N.E.2d 186 (Ill. App. Ct. 1996). “A representative payee is necessary where a recipient of benefits is legally incompetent or mentally incapable of managing benefit payments ( 20 C.F.R. § 404.2010 (1990)), and the payee should "best serve the interest of the beneficiary” (20 C.”
Guardianship Est. of Keffeler v. Dep't of Soc. & Health Servs., 151 Wash. 2d 331 (Wash. 2004). “§§ 405 j')(l)(A), 1383(a)(2)(A)-(ii)(I) (2000); 20 C.F.R. §§ 404.2010 (b), 416.610(b) (2003).”
Fransen v. Iowa Dep't of Human Servs., 376 N.W.2d 903 (Iowa 1985). “20 C.F.R. § 404.2010 . A representative payee has a responsibility to: Use the payment he or she receives only for the use and benefits of the beneficiary in a manner and for the purposes he or she determines under the guidelines in this subpart, to be in the best interest of…”
Sundby v. City of St. Peter, 693 N.W.2d 206 (Minn. 2005). “20 C.F.R. § 404.2010 (b) (2004). In selecting a representative payee for a child under age 18, first preference is given to the natural or adoptive parent.”
King v. Schafer, 940 F.2d 1182 (8th Cir. 1991). “§ 4050 ) and 20 C.F.R. § 404.2010 (1991), representative payees receive plaintiffs’ benefits on their behalf.”
Daugherty v. Daugherty, 232 Cal. App. 4th 463 (Cal. Ct. App. 2014). “…5 When a beneficiary is under the age of 18, disability payments are generally made to a representative payee. ( 20 C.F.R. § 404.2010 (b) (2014).)”
State of Alaska, Dep't of Health & Soc. Servs.; Adam Crum in his Off. Capacity as Comm'r of the Dep't; Off. of Child.'s Servs.; Kim Guay, in her Off. Capacity a Dir. of OCS v. Z. C., Through his Next Friend, Lorenz Kaufman, on Behalf of Himself & all Those Similarly Situated, Z.C. v. State of Alaska, Dep't of Health & Soc. Servs. (Alaska 2025). · cites it 4× “The POMS is “a primary source of information used by Social Security employees to process claims for Social Security benefits.”
Show all 19 citing cases →
— 20 C.F.R. § 404.2010(b) — 4 cases
Davis v. Davis, 2010 ND 67 (N.D. 2010). “20 C.F.R. 404.2010(b); 20 C.F.R. 404.2021(c).”
In re Ryan W., 56 A.3d 250 (Md. Ct. Spec. App. 2012). “20 C.F.R. 404.2010(b). 2 *705 SSA regulations provide that the SSA shall choose a representative payee who will best serve the interests of the beneficiary.”
Rq v. Kq, 525 P.3d 707 (Haw. App. 2023).
Marr. of Daugherty (Cal. Ct. App. 2014).
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