20 C.F.R. § 404.2021

What is our order of preference in selecting a representative payee for you?

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As a guide in selecting a representative payee, we have established categories of preferred payees. These preferences are flexible. We will consider an individual's advance designee(s) (see § 404.2018) before we consider other potential representative payees in the categories of preferred payees listed in this section. When we select a representative payee, we will choose the designee of the beneficiary's highest priority, provided that the designee is willing and able to serve, is not prohibited from serving (see § 404.2022), and supports the best interest of the beneficiary (see § 404.2020). The preferences are:

(a) For beneficiaries 18 years old or older (except those described in paragraph (b) of this section), our preference is—

(1) A legal guardian, spouse (or other relative) who has custody of the beneficiary or who demonstrates strong concern for the personal welfare of the beneficiary;

(2) A friend who has custody of the beneficiary or demonstrates strong concern for the personal welfare of the beneficiary;

(3) A public or nonprofit agency or institution having custody of the beneficiary;

(4) A private institution operated for profit and licensed under State law, which has custody of the beneficiary; and

(5) Persons other than above who are qualified to carry out the responsibilities of a payee and who are able and willing to serve as a payee for a beneficiary; e.g., members of community groups or organizations who volunteer to serve as payee for a beneficiary.

(b) For individuals who are disabled and who have a drug addiction or alcoholism condition our preference is—

(1) A community-based nonprofit social service agency which is licensed by the State, or bonded;

(2) A Federal, State, or local government agency whose mission is to carry out income maintenance, social service, or health care-related activities;

(3) A State or local government agency with fiduciary responsibilities;

(4) A designee of an agency (other than a Federal agency) referred to in paragraphs (b)(1), (2), and (3) of this section, if appropriate; or

(5) A family member.

(1) A natural or adoptive parent who has custody of the beneficiary, or a guardian;

(2) A natural or adoptive parent who does not have custody of the beneficiary, but is contributing toward the beneficiary's support and is demonstrating strong concern for the beneficiary's well being;

(3) A natural or adoptive parent who does not have custody of the beneficiary and is not contributing toward his or her support but is demonstrating strong concern for the beneficiary's well being;

(4) A relative or stepparent who has custody of the beneficiary;

(5) A relative who does not have custody of the beneficiary but is contributing toward the beneficiary's support and is demonstrating concern for the beneficiary's well being;

(6) A relative or close friend who does not have custody of the beneficiary but is demonstrating concern for the beneficiary's well being; and

(7) An authorized social agency or custodial institution.

[47 FR 30472, July 14, 1982; 47 FR 32936, July 30, 1982, as amended at 69 FR 60232, Oct. 7, 2004; 85 FR 7664, Feb. 11, 2020]

Notes of Decisions

Cited in 34 cases (4 in the last 5 years), 1986–2025 · leading case: Washington State Department of Social & Health Services v. Guardianship Estate of Keffeler

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Washington State Department of Social & Health Services v. Guardianship Estate of Keffeler (2003) scotus · cites it 3× “20 CFR §§ 404.2021 (b), 416.621(b). While the Act and regulations allow social service agencies and custodial institutions to serve in this capacity, such entities come last in order of preference.”

William E. Freeman v. Eric K. Shinseki (2011) cavc · cites it 4× “SSA, unlike VA, has an order of preference in selecting a payee, 20 C.F.R. § 404.2021 (2010), and a list of considerations to be taken into account when selecting a payee, 20 C.”

Davis v. Davis (2010) nd · cites it 2× “2010(b); 20 C.F.R. 404.2021(c). "A payee may not be required to use benefit payments to satisfy a debt of the beneficiary, if the debt arose prior to the first month for which payments are certified to a payee.”

Guardianship Estate of Keffeler v. STATE, DSHS (2004) wash · cites it 2× “1017 ; 20 C.F.R. §§ 404.2021 (b), 416.621(b) (2003).”

Bates v. Northwestern Human Services, Inc. (2006) dcd “§§ 405 (j)(2)(C)(v) and 1383(a)(2)(B)(vii); see also 20 C.F.R. §§ 404.2021 and 416.621. Once appointed, representative payees are authorized to receive an individual’s benefit payments and disburse monies to the individual for that individual’s use and benefit.”

Brown v. Murphy (1996) illappct · cites it 2× “A payee may include a public or private institution that has custody of the beneficiary ( 20 C.F.R. § 404.2021 (4) (1990)). The payee has the responsibility to use payments for the benefit of the beneficiary in his best interests ( 20 C.”

Guardianship Estate of Keffeler v. Department of Social & Health Services (2001) wash · cites it 2× “§ 1383 (a)(2)(B); 20 C.F.R. §§ 404.2021 , 416.621. The Code of Federal Regulations explains the function of representative payees: A representative payee may be either a person or an organization selected by us [the Social Security Administration] to receive benefits on behalf…”

Guardianship Estate of Keffeler v. Department of Social & Health Services (2004) wash · cites it 2× “at 376, 389-91 ; 20 C.F.R. §§ 404.2021 (b), 416.621(b) (2003).”

Ivy Mason, on Her Own Behalf and on Behalf of Those Similarly Situated v. Peter Sybinski (2002) ca7 · cites it 2× “20 C.F.R. § 404.2021 (a). When the SSA appoints a state hospital as representative payee, it provides notice to the hospital that it must use the payments for the benefit and care of the recipient.”

Frank C. Fetterusso, Otto Hofendiener, and Leonard Giardiana v. State of New York, New York State Office of Mental Healt (1990) ca2 “The amicus concedes that regulations promulgated by the Secretary of Health and Human Services permit a state institution to serve as a patient’s representative payee, 20 C.F.R. 404.2021, and to pay institutional charges, 20 C.”

C.G.A. v. State (1992) alaska · cites it 4× “See 20 C.F.R. § 404.2021 (b)(7) (1990). 13 Given the clarity and specificity of AS 47.”

In Re the Marriage of Foley (1993) iowa “20 C.F.R. § 404.2021 . The administration is not required to designate the legal conservator of a beneficiary as his representative payee.”

Show all 34 citing cases →

— 20 C.F.R. § 404.2021(a)(3) — 1 case

Jones v. Department of Mental Health & Developmental Disabilities (1998) ilclaimsct

— 20 C.F.R. § 404.2021(c) — 1 case

Davis v. Davis (2010) nd “2010(b); 20 C.F.R. 404.2021(c). "A payee may not be required to use benefit payments to satisfy a debt of the beneficiary, if the debt arose prior to the first month for which payments are certified to a payee.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.