C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 849—REPRESENTATIVE PAYEES › Subpart F—Changes of the Representative Payee

5 C.F.R. § 849.602

When representative payments will be stopped

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If an annuitant demonstrates that he or she is mentally and physically able to manage or direct the management of benefit payments, the agency will make direct payment to the annuitant. Information which the annuitant may give to the agency to support his or her request for direct payment includes, but is not limited to, the following:

(a) A physician's or other licensed health practitioner's statement regarding the annuitant's condition, or a statement by a medical officer of the institution where the annuitant is or was confined, showing that the annuitant is able to manage or direct the management of his or her funds;

(b) A certified copy of a court order restoring the annuitant's rights in a case where an annuitant was adjudged legally incompetent; or

(c) Other evidence which establishes the annuitant's ability to manage or direct the management of benefits.

Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2023–2024 · leading case: Washburn v. Court Ordered Benefits Section (D.D.C. 2023).
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Washburn v. Court Ordered Benefits Section (D.D.C. 2023). “” 5 C.F.R. § 849.602 (b). 8 Plaintiff’s invocation of other statutes changes nothing.”
Steven E Keeler v. Off. of Pers. Mgmt. (MSPB 2024). “” 5 C.F.R. § 849.602 . 2 The regulations provide a specific mechanism by which an annuitant can provide certain information to OPM in order to demonstrate that he has regained capacity and is now “mentally and physically able to manage or direct the management of benefit…”
Leffie Stroud v. Off. of Pers. Mgmt. (MSPB 2024). “” 5 C.F.R. § 849.602 . To the extent the appellant believes he no longer requires a representative payee, the regulations provide a mechanism by which he can provide information to OPM to demonstrate that he is “mentally and physically able to manage or direct the management of…”
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