20 C.F.R. § 404.2020

Information considered in selecting a representative payee

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In selecting a payee we try to select the person, agency, organization or institution that will best serve the interest of the beneficiary. In making our selection we consider—

(a) The relationship of the person to the beneficiary;

(b) The amount of interest that the person shows in the beneficiary;

(d) Whether the potential payee has custody of the beneficiary;

(e) Whether the potential payee is in a position to know of and look after the needs of the beneficiary;

(f) The potential payee's criminal history; and

(g) Whether the beneficiary made an advance designation (see § 404.2018).

[47 FR 30472, July 14, 1982, as amended at 84 FR 4325, Feb. 15, 2019; 85 FR 7664, Feb. 11, 2020]

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 2001–2025 · leading case: William E. Freeman v. Eric K. Shinseki, 24 Vet. App. 404 (Vet. App. 2011).

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William E. Freeman v. Eric K. Shinseki, 24 Vet. App. 404 (Vet. App. 2011). · cites it 6× “2021 (2010), and a list of considerations to be taken into account when selecting a payee, 20 C.F.R. § 404.2020 (2010). In its order of preferences, SSA lists the "legal guardian .”

Washington State Dep't of Soc. & Health Servs. v. Guardianship Est. of Keffeler, 537 U.S. 371 (2003). “§§ 405 (j)(2)(A)(ii), 1383(a)(2)(B)(i)(II); see 20 CFR §§404.2020 , 416.620. In addition, the Commissioner is required to notify the beneficiary or the beneficiary's legal guardian of her intention to appoint a representative payee.”

Bates v. Nw. Human Servs., Inc., 466 F. Supp. 2d 69 (D.D.C. 2006). “§§ 405 (j)(2)(A) and 1383(a)(2)(B)(ii); see also 20 C.F.R. §§ 404.2020 et seq. and 416.620 et seq.”

Guardianship Est. of Keffeler v. STATE, DSHS, 88 P.3d 949 (Wash. 2004). “§§ 405 (j)(2)(A)-(D), 1383(a)(2)(B) (2000); 20 C.F.R. §§ 404.2020 , 416.620 (2003). Further, public institutions will not be appointed if there is another qualified person to act as a representative payee.”

In Re the Marriage of Anthony-Guillar, 207 P.3d 934 (Colo. Ct. App. 2009). “20 C.F.R. §§ 404.2020 (d), 404.2021(c)(1).”

Guardianship Est. of Keffeler v. Dep't of Soc. & Health Servs., 151 Wash. 2d 331 (Wash. 2004). “§§ 405 (j)(2)(A)-(D), 1383(a)(2)(B) (2000); 20 C.F.R. §§ 404.2020 , 416.620 (2003). Further, public institutions will not be appointed if there is another qualified person to act as a representative payee.”

Ecolono v. Div. of Reimbursements of the Dep't of Health & Mental Hygiene, 769 A.2d 296 (Md. Ct. Spec. App. 2001). “20 C.F.R. § 404.2020 . Appellee points out that prior to the 1996 amendment to exclude persons whose disability was contributed to by alcohol and drug addiction from receiving disability benefits, the regulations provided that a governmental agency whose mission was to carry out…”

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 6× “15 20 C.F.R. §§ 404.2020 , 416.620 (2023). 16 20 C.”

Econolo v. Div. of Reimbursement, 769 A.2d 296 (Md. Ct. Spec. App. 2001). “20 C.F.R. § 404.2020 . Appellee points out that prior to the 1996 amendment to exclude persons whose disability was contributed to by alcohol and drug addiction from receiving disability benefits, the regulations provided that a governmental agency whose mission was to carry out…”

Adler v. Comm'r of Soc. Sec. (D.N.J. 2019). “§§ 405 (j)(2)(A)(ii), 1383(a)(2)(B)(i)(II); see 20 CFR §§ 404.2020 , 416.620. In addition, the Commissioner is required to notify the beneficiary or the beneficiary’s legal guardian of her intention to appoint a representative payee.”

Dcpp v. A.R., in the Matter of J.R. (N.J. Super. Ct. App. Div. 2025). “§§ 405 (j)(2)(A)(ii), 1383(a)(2)(B)(i)(II)); see 20 C.F.R. §§ 404.2020 , 416.620. Regulations govern a representative payee's use of the benefits.”

Torres Rodríguez v. Carrasquillo Nieves, 177 P.R. 728 (2009). “20 C.F.R. 404.2020(d) y 404.2021(c)(1). Por supuesto, al representante portador se le requiere que destine estos fondos para el mantenimiento y mejor interés del menor.”

— 20 C.F.R. § 404.2020(d) — 1 case

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