CLRP

Challenges to Social Security Representative Payees

Social Security may require that SSI or SSDI payments be made to a representative payee. A representative payee has an obligation to use the SSI or SSDI for your use and benefit only and keep the money in a separate account. A Social Security Representative payee must follow guidelines in making payments from your money. A social security representative payee is not a conservator and cannot tell you where to live. Payments other than social security should not be made to a Social Security Representative Payee unless the person is also a conservator or you agree to such an arrangement. If you have a disagreement with your Social Security Representative Payee you should document your position in writing. If your disagreement is not resolved, you can complain to Social Security. A Social Security Representative Payee has fiduciary obligations to both spend and preserve your money for your sole benefit. If your representative payee steals your money you can file a lawsuit against them for conversion and breach of fiduciary duty.