20 C.F.R. § 404.2050

When will we select a new representative payee for you?

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When we learn that your interest is not served by sending your benefit payment to your present representative payee or that your present payee is no longer able or willing to carry out payee responsibilities, we will promptly stop sending your payment to the payee. We will then send your benefit payment to an alternative payee or directly to you, until we find a suitable payee. We may suspend payment as explained in § 404.2011(c) if we find that paying you directly would cause substantial harm and we cannot find a suitable alternative representative payee before your next payment is due. We will terminate payment of benefits to your representative payee and find a new payee or pay you directly if the present payee:

(a) Has been found by us or a court of competent jurisdiction to have misused your benefits;

(b) Has not used the benefit payments on your behalf in accordance with the guidelines in this subpart;

(d) Dies;

(e) No longer wishes to be your payee;

(f) Is unable to manage your benefit payments; or

(g) Fails to cooperate, within a reasonable time, in providing evidence, accounting, or other information we request.

[69 FR 60235, Oct. 7, 2004]

Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1989–2026 · 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 “In any case, the Commissioner may order a report any time she “has reason to believe” that a payee is misusing a beneficiary’s funds, §§405(j)(3)(D), 1383(a)(2)(C)(iv), a criminal offense that calls for revocation of the payee’s appointment, §§405(j)(1)(A), 408(a)(5),…”

Guardianship Estate of Keffeler v. STATE, DSHS (2004) wash · cites it 2× “20 C.F.R. §§ 404.2050 , 416.650 (2003). [7] Although WAC XXX-XX-XXXX states that DSHS "must use income not exempted to cover the child's cost of care," a reading of the regulation in the context of RCW 74.”

Guardianship Estate of Keffeler v. Department of Social & Health Services (2004) wash · cites it 2× “20 C.F.R. §§ 404.2050 , 416.650 (2003). 7 Although WAC 388-25-0210 states that DSHS “must use income not exempted to cover the child’s cost of care,” a reading of the regulation in the context of RCW 74.”

27 soc.sec.rep.ser. 313, unempl.ins.rep. Cch 14915a Charles Briggs v. Louis W. Sullivan, M.D. (1989) ca9 “” 20 C.F.R. §§ 404.2050 , 416.-650. As is the case with respect to the provisions of Title 42 discussed above, nothing in the Secretary’s regulations authorizes the Secretary to withhold or discontinue paying benefits during the period in which he is “find[ing] a new payee,”…”

Grace Thru Faith v. Caldwell (1996) tennctapp “§ 405 (j)(l)(A) (1994); 20 C.F.R. § 404.2050 (1996). Reimbursement is only provided for when the SSA has been negligent in its oversight of the representative payee, not alleged here, and when the payee has been convicted in criminal court for willful misuse of beneficiary…”

In Re the Marriage of Foley (1993) iowa “1990); 20 C.F.R. § 404.2050 . Furthermore, we believe the appointment of a conservator is unnecessary in this case.”

In re Ryan W. (2012) mdctspecapp · cites it 2× “20 C.F.R. §§ 404.2050 , 416.650 (2003). Id.”

Briggs v. Sullivan (1992) ca9 “In my view, there is a genuine issue of material fact with respect to the question whether the Secretary satisfies his legal obligation to “try to find a new payee,” 20 C.F.R. § 404.2050 ; 416.650, for those beneficiaries whose previous representative payees have been found to…”

In Re the Guardianship of Nelson (1996) minnctapp “The Social Security Administration considers payments to “have been used for the use and benefit of the beneficiary if they are used for the beneficiary’s current maintenance,” which includes (1) costs of food, shelter, clothing, medical care, and personal comfort items and (2)…”

Ecolono v. Division of Reimbursements of the Department of Health & Mental Hygiene (2001) mdctspecapp “2041 (if the SSA makes payment to a representative payee, the representative payee may be liable for the payee’s misuse of funds but the SSA is not liable); 20 C.F.R. § 404.2050 (the SSA will replace *652 a representative payee if it is advised that the payee has not carried out…”

Kriegbaum v. Katz (1990) ca2 “03(c) is unconstitutional as applied to Sendziak because appellants employed “legal process” to procure Leo Faulkner’s social security benefits in violation of 42 U.”

Kolbeson v. Department of Social & Health Services (2005) washctapp “§ 408 (a) (misuse of funds is a felony); see also 20 C.F.R. § 404.2050 (detailing when the SSA will select a new payee).”

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