20 C.F.R. § 416.630

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 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 N 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 the 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 60238, Oct. 7, 2004]

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1984–2025 · leading case: Ross v. Azcarate, 692 P.2d 897 (Wash. Ct. App. 1984).

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Ross v. Azcarate, 692 P.2d 897 (Wash. Ct. App. 1984). “20 C.F.R. § 416.630 (1981). To the extent that the benefits did not suffice to defray the cost of her necessaries, he personally would have been responsible.”

LAURIE Q. v. Callahan, 973 F. Supp. 925 (N.D. Cal. 1997). “For example, 20 C.F.R. § 416.630 states that if a beneficiary is dissatisfied with a representative payee determination, “he or she may request a reconsideration.”

In re MacGilvray, 196 Misc. 2d 469 (N.Y. Sup. Ct. 2003). “Further, the federal statute and regulations plainly allow a beneficiary to raise arguments before the Social Security Administration as to who should serve as such beneficiary’s representative payee (see, 42 USC § 405 [j] [2] [E]; 20 CFR 416.630). In her affirmation in…”

Green v. Saul, Comm'r of Soc. Sec. (D. Maryland 2020). · cites it 2× “20 C.F.R. § 416.630 (b) (“[i]f you do not follow the prescribed treatment without good reason, we will not find you disabled…”).”

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. (Alaska 2025). · cites it 2× “”); 20 C.F.R. § 416.630 (a) (2023) (same). - 28 - 7760 This makes knowledge of one’s entitlement to benefits, and the opportunity and ability to nominate a private rep payee, more than just a theoretical benefit for foster children qualifying for Social Security benefits.”

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