20 C.F.R. § 404.2030

How will we notify you when we decide you need a representative payee?

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(a) We notify you in writing of our determination to make representative payment. This advance notice explains that we have determined that representative payment is in your interest, and it provides the name of the representative payee we have selected. We provide this notice before we actually appoint the payee. If you are under age 15, an unemancipated minor under the age of 18, or legally incompetent, our written notice goes to your legal guardian or legal representative. The advance notice:

(1) Contains language that is easily understandable to the reader.

(2) Identifies the person designated as your representative payee.

(3) Explains that you, your legal guardian, or your legal representative can appeal our determination that you need a representative payee.

(4) Explains that you, your legal guardian, or your legal representative can appeal our designation of a particular person or organization to serve as your representative payee.

(5) Explains that you, your legal guardian, or your legal representative can review the evidence upon which our designation of a particular representative payee is based and submit additional evidence.

(b) If you, your legal guardian, or your legal representative objects to representative payment or to the designated payee, we will handle the objection as follows:

(1) If you disagree with the decision and wish to file an appeal, we will process it under subpart J of this part.

(2) If you received your advance notice by mail and you protest or file your appeal within 10 days after you receive this notice, we will delay the action until we make a decision on your protest or appeal. (If you received and signed your notice while you were in the local field office, our decision will be effective immediately.)

[69 FR 60233, Oct. 7, 2004]

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1991–2026 · leading case: In re Ryan W.

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In re Ryan W. (2013) md · cites it 5× “The SSA provides beneficiaries with written notice that the Administration will appoint a representative payee before the payee is appointed officially, 20 C.F.R. § 404.2030 (a), and before certifying payment to the payee.”

Washington State Department of Social & Health Services v. Guardianship Estate of Keffeler (2003) scotus “§§405 (j)(2)(E)(ii), 1383(a)(2)(B)(xii); see 20 CFR §§404.2030 ,416.630. “Any individual who is dissatisfied .”

Guardianship Estate of Keffeler v. STATE, DSHS (2004) wash · cites it 3× “20 C.F.R. §§ 404.2030 , 416.630 (2003); see CP at 140 (example of a notice sent to Wanda Pierce, Keffeler's guardian).”

Guardianship Estate of Keffeler v. Department of Social & Health Services (2004) wash · cites it 3× “20 C.F.R. §§ 404.2030 , 416.630 (2003); see CP at 140 (example of a notice sent to Wanda Pierce, Keffeler’s guardian).”

King v. Schafer (1991) ca8 “And secondly, the Department provides a minimum of thirty dollars a month to the plaintiffs from their benefits for personal expenses. This practice is consistent with Social Security Administration guidelines and indicates that payment of the Department’s monthly charges does…”

In re Ryan W. (2012) mdctspecapp “405(j)(2)(E)(ii); 20 C.F.R. 404.2030(a). When the beneficiary is a minor child, however, the notice is directed to the child’s legal guardian or legal representative.”

State of Alaska, Department of Health and Social Services; Adam Crum in his Official Capacity as Commissioner of the Dep (2025) alaska · cites it 8× “§§ 405 (j)(2)(E)(ii), 1383(a)(2)(B)(xii); see also 20 C.F.R. §§ 404.2030 (a), 416.630(a) (2023).”

Dcpp v. H.V. (2026) njsuperctappdiv “§ 205 (j)(2)(E)(ii); 20 C.F.R. § 404.2030 (a), and New Jersey law did not require that the Division notify the minors of its application to become a representative payee at the time it was filed.”

— 20 C.F.R. § 404.2030(a) — 1 case

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