20 C.F.R. § 416.620

Information considered in selecting a representative payee

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In selecting a payee we try to select the person, agency, organization or institution that will best serve the interest of the beneficiary. In making our selection we consider—

(a) The relationship of the person to the beneficiary;

(b) The amount of interest that the person shows in the beneficiary;

(d) Whether the potential payee has custody of the beneficiary;

(e) Whether the potential payee is in a position to know of and look after the needs of the beneficiary;

(f) The potential payee's criminal history; and

(g) Whether the beneficiary made an advance designation (see § 416.618).

[47 FR 30475, July 14, 1982, as amended at 84 FR 4325, Feb. 15, 2019; 85 FR 7665, Feb. 11. 2020]

Notes of Decisions

Cited in 5 cases, 1996–2011 · leading case: Gloria Cannon v. Kenneth S. Apfel, Comm'r of Soc. Sec., 213 F.3d 970 (7th Cir. 2000).

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Gloria Cannon v. Kenneth S. Apfel, Comm'r of Soc. Sec., 213 F.3d 970 (7th Cir. 2000). · cites it 3× “See 20 C.F.R. §§ 416.620 (a) & 416.621(b)(4).”

Mary Ruth Smith v. Shirley S. Chater, Comm'r of Soc. Sec., 99 F.3d 635 (4th Cir. 1996). “, 20 C.F.R. § 416.620 (e) (“In making our selection [for representative payee status] we consider — [w]hether the potential payee is in a position to know of and look after the needs of the beneficiary.”

In Re Guardianship of Smith, 2011 ME 51 (Me. 2011). “§ 405 (j)(2); 20 C.F.R. §§ 416.620 , 416.621, 416.624, 416.”

LAURIE Q. v. Callahan, 973 F. Supp. 925 (N.D. Cal. 1997). “20 C.F.R. § 416.620 . When selecting payees for persons under 18, such as plaintiffs, an order of preference is used which incorporates factors such as natural or adoptive relation to or friendship with the beneficiary, custody of the beneficiary, contributions toward the…”

Smith v. Chater (4th Cir. 1996). “, 20 C.F.R. § 416.620 (e) ("In making our selection [for representative payee status] we consider --[w]hether the potential payee is in a position to know of and look after the needs of the bene- ficiary.”

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