(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., 76 A.3d 1049 (Md. 2013).
In re Ryan W., 76 A.3d 1049 (Md. 2013).
· 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.”
King v. Schafer, 940 F.2d 1182 (8th Cir. 1991).
“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., 56 A.3d 250 (Md. Ct. Spec. App. 2012).
“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, 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., 569 P.3d 1153 (Alaska 2025).
· 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. (N.J. Super. Ct. App. Div. 2026).
“§ 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
In re Ryan W., 56 A.3d 250 (Md. Ct. Spec. App. 2012).
“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.”
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.