20 C.F.R. § 404.2065

How does your representative payee account for the use of benefits?

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(a) Your representative payee must account for the use of your benefits. We require written reports from your representative payee at least once a year (except as provided in paragraph (b) of this section and for certain State institutions that participate in a separate onsite review program).

(b) Your representative payee is exempt from the accounting requirement when your representative payee is:

(1) A natural or adoptive parent of a minor child entitled to title II benefits who primarily resides in the same household as the beneficiary;

(2) A legal guardian of a minor child entitled to title II benefits who primarily resides in the same household as the beneficiary;

(3) A natural or adoptive parent of a disabled individual (as defined in section 223(d) of the Act) entitled to title II benefits who primarily resides in the same household as the beneficiary; or

(4) The spouse of an individual entitled to title II benefits.

(c) We may verify how your representative payee used your benefits. Your representative payee should keep records of how benefits were used in order to make accounting reports and must make those records available upon our request. If your representative payee fails to provide an annual accounting of benefits or other required reports, we may require your payee to receive your benefits in person at the local Social Security field office or a United States Government facility that we designate serving the area in which you reside. The decision to have your representative payee receive your benefits in person may be based on a variety of reasons. Some of these reasons may include the payee's history of past performance or our past difficulty in contacting the payee. We may ask your representative payee to give us the following information:

(1) Where you lived during the accounting period;

(2) Who made the decisions on how your benefits were spent or saved;

(3) How your benefit payments were used; and

(4) How much of your benefit payments were saved and how the savings were invested.

[87 FR 35653, June 13, 2022]

Notes of Decisions

Cited in 14 cases (1 in the last 5 years), 1983–2024 · leading case: LaMothe v. LeBlanc

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LaMothe v. LeBlanc (2013) vt · cites it 2× “§ 405 (j)(3)(A); 20 C.F.R. § 404.2065 . The regulations provide that “[a] representative payee who misuses [derivative] benefits is responsible for paying back misused benefits,” 20 C.”

Davis v. Davis (2010) nd · cites it 2× “Luke Davis has no viable action for wrongful conversion against Pamela Gordon Davis. Pamela Gordon Davis does not have possession of any personal property in which D.”

Grace Thru Faith v. Caldwell (1996) tennctapp “20 C.F.R. § 404.2065 (1996). If the payee does not use benefit payments on behalf of the beneficiary or does not provide a requested accounting, the SSA will select a new representative payee.”

In re the Estate of Kummer (1983) nyappdiv “” What the Bell case means simply is that the review of the reports which may be required by the Social Security Administration of a representative payee pursuant to 20 CFR 404.2065 (formerly 20 CFR 404.1609) is solely to determine whether to continue making future payments to…”

In Re the Marriage of Foley (1993) iowa “20 C.F.R. § 404.2065 . If the administration learns that the interests of the beneficiary are not served, [T]he Social Security Administration alone has the power to enforce the duties of a representative payee through the appointment of a new payee when the current payee “[h]as…”

Peace v. Peace (2014) arizctapp “”); 20 C.F.R. § 404.2065 (explaining record keeping requirement of representative payee); 20 C.”

Jahnke v. Jahnke (1994) iowa “Should past and future benefit pay-, ments be held in trust tmtil Robert is eighteen? Kathy contends that a state court has no authority to direct the use of dependent benefits by a representative payee because federal law governs that matter.”

In re Marriage of Stephenson & Papineau (2015) kan “§ 405 (j)(3)(A) (2012); 20 C.F.R. § 404.2065 (2015). Further, “[a] representative payee who misuses benefits is responsible for paying back misused benefits.”

Ecolono v. Division of Reimbursements of the Department of Health & Mental Hygiene (2001) mdctspecapp “at 163 ; see 20 C.F.R. § 404.2065 (the SSA may, in certain situations, verify how a representative payee uses the funds).”

Kolbeson v. Department of Social & Health Services (2005) washctapp “20 C.F.R. § 404.2065 . It is unclear from the record whether DSHS provides annual accountings or participates in onsite reviews.”

In Re Unisys Corp. Long-Term Disability Plan Erisa Litigation (1996) ca3 “*717 Where it appears that a dependent because of youth or mental or physical condition may be unable to manage the proceeds of the award, a representative payee will be appointed if that is determined to be in the best interests of the beneficiary. 20 C.F.R. §§ 404.2001-404.”

Econolo v. Div. of Reimbursement (2001) mdctspecapp “at 163 ; see 20 C.F.R. § 404.2065 (the SSA may, in certain situations, verify how a representative payee uses the funds).”

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