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Representative Payee: It's Not a Job to Take Lightly
Many people with disabilities who receive these public benefits can manage their own money and make other financial decisions for themselves. The SSA sends these individuals their own benefit checks each month.
Managing Funds for Someone With Special Needs
However, some individuals with special needs are not able to make important financial decisions. This may be because of their disability or because they have not yet reached the age of majority. The SSA sends their benefits directly to a third party, known as a representative payee.
The representative payee manages the funds for the person who relies on public benefits. A parent or caregiver may sign up to be a representative payee for their child with special needs. However, they often do not take the time to truly explore all the responsibilities this role entails, leading to trouble down the road.
Here are a few key things to remember about being a representative payee.
It Isn't Your Money
If you are serving as a representative payee, the funds you receive belong to the beneficiary, not to you. When you agree to serve in this role, you are responsible for managing the money for their benefit.
In almost all cases, this means that you can't charge a fee to be a representative payee. Itcan beeasy to lose track of the beneficiary's funds, especially when family finances are intermingled. As a representative payee, you must ensure that the beneficiary, and no one else, receives the monthly payments. The funds are for their use alone.
Don't CommingleFunds
To ensure that the beneficiary's funds benefit only them, segregate the funds in a separate bank account. This account should reflect the beneficiary's ownership of the funds. Itshould not be a joint account with the representative payee as the other owner.
Instead, the bank account should be in the name of the beneficiary. The bank can then note the representative payee on the account. For example: "[Your name], as representative payee for [your child's name]."
Of course, thiscan be difficult when you are serving as the representative payee for a minor child who lives with you. In these cases, the child should have their own savings account. This is what the SSA recommends, even if the payee spends most of the child's benefits through the family's checking account.
The SSA's Representative Payee Portal is a central gateway for individual representative payees with a Social Security account. Through this online portal, they can manage direct deposit, wage reporting, and annual reporting for their beneficiary.
File Your Representative Payee Report With the SSA Each Year
The SSA also requires that a representative payee file an annual accounting called the representative payee report. This report details what you, as the representative payee, have done with the beneficiary's funds during the previous year. (Note that certain payees no longer need to complete this annual report, per the SSA; continue reading for more on this.)
If you've kept accurate records of the beneficiary's funds over the course of the year, the report will be easy to fill out. To help avoid headaches when the time comes to file the report, be sure to keep accurate records of expenditures throughout the year. And as noted above, do not commingle funds. Note that failing to file the report could lead to your removal as a representative payee.
Certain payees are exempt from the annual accounting requirement, including:
Natural or adoptive parents or legal guardians of a minor child beneficiary who primarily reside in the same household as the child
Natural or adoptive parents of a disabled adult beneficiary who primarily reside in the same household as the beneficiary
Spouse of a beneficiary
Know theSupplemental Security Income Rules
If you are a representative payee for a person receiving SSI benefits, you may face yet one more challenge. The SSI program adheres to stringent income and asset rules that you need to follow.
For instance, SSI recipients can have only $2,000 to their name to be eligible for these benefits. As a representative payee, you must:
Know the rules regarding how much the beneficiary can accumulate in assets
Understand how one's level of assets can affect their ability to continue qualifying for benefits
Deal with any lump-sum payments the beneficiary may receive as past due SSI benefits, which comes with its own set of rules
In a worst-case scenario, not knowing the rules can lead the beneficiary to lose their benefits altogether. You also want to avoid the possibility of overpayments that the beneficiary must then repay from their own funds.
Work With a Special Needs Planner
Serving as a representative payee is not a simple job; don't take it lightly.The SSA does offer an online guide for representative payees. This resource addresses frequently asked questions and allows you to complete your payee accounting online.
However, to ensure that you have a handle on all your duties, be sure to speak with a qualified special needs planner near you. An attorney with expertise in special needs planningcan explain the intricacies of the system and provide you with tips that will best fit the specific needs of your family member with special needs.
A roundup of elder law news and practice development articles culled from news sources across the nation during the week of January 28, 2025, to February 3, 2025.
Recent Contradictory Events Fail to Change a Will's Intent
North Dakota's Supreme Court reverses a decision to reform a will, finding that the decision was based on post-execution evidence rather than relying on the will's stated intent. In the Matter of the Estate of Randall M. Moe (N.D. No. 20240197,...
Many people with disabilities who receive these public benefits can manage their own money and make other financial decisions for themselves. The SSA sends these individuals their own benefit checks each month.
Managing Funds for Someone With Special Needs
However, some individuals with special needs are not able to make important financial decisions. This may be because of their disability or because they have not yet reached the age of majority. The SSA sends their benefits directly to a third party, known as a representative payee.
The representative payee manages the funds for the person who relies on public benefits. A parent or caregiver may sign up to be a representative payee for their child with special needs. However, they often do not take the time to truly explore all the responsibilities this role entails, leading to trouble down the road.
Here are a few key things to remember about being a representative payee.
It Isn't Your Money
If you are serving as a representative payee, the funds you receive belong to the beneficiary, not to you. When you agree to serve in this role, you are responsible for managing the money for their benefit.
In almost all cases, this means that you can't charge a fee to be a representative payee. Itcan beeasy to lose track of the beneficiary's funds, especially when family finances are intermingled. As a representative payee, you must ensure that the beneficiary, and no one else, receives the monthly payments. The funds are for their use alone.
Don't CommingleFunds
To ensure that the beneficiary's funds benefit only them, segregate the funds in a separate bank account. This account should reflect the beneficiary's ownership of the funds. Itshould not be a joint account with the representative payee as the other owner.
Instead, the bank account should be in the name of the beneficiary. The bank can then note the representative payee on the account. For example: "[Your name], as representative payee for [your child's name]."
Of course, thiscan be difficult when you are serving as the representative payee for a minor child who lives with you. In these cases, the child should have their own savings account. This is what the SSA recommends, even if the payee spends most of the child's benefits through the family's checking account.
The SSA's Representative Payee Portal is a central gateway for individual representative payees with a Social Security account. Through this online portal, they can manage direct deposit, wage reporting, and annual reporting for their beneficiary.
File Your Representative Payee Report With the SSA Each Year
The SSA also requires that a representative payee file an annual accounting called the representative payee report. This report details what you, as the representative payee, have done with the beneficiary's funds during the previous year. (Note that certain payees no longer need to complete this annual report, per the SSA; continue reading for more on this.)
If you've kept accurate records of the beneficiary's funds over the course of the year, the report will be easy to fill out. To help avoid headaches when the time comes to file the report, be sure to keep accurate records of expenditures throughout the year. And as noted above, do not commingle funds. Note that failing to file the report could lead to your removal as a representative payee.
Certain payees are exempt from the annual accounting requirement, including:
Natural or adoptive parents or legal guardians of a minor child beneficiary who primarily reside in the same household as the child
Natural or adoptive parents of a disabled adult beneficiary who primarily reside in the same household as the beneficiary
Spouse of a beneficiary
Know theSupplemental Security Income Rules
If you are a representative payee for a person receiving SSI benefits, you may face yet one more challenge. The SSI program adheres to stringent income and asset rules that you need to follow.
For instance, SSI recipients can have only $2,000 to their name to be eligible for these benefits. As a representative payee, you must:
Know the rules regarding how much the beneficiary can accumulate in assets
Understand how one's level of assets can affect their ability to continue qualifying for benefits
Deal with any lump-sum payments the beneficiary may receive as past due SSI benefits, which comes with its own set of rules
In a worst-case scenario, not knowing the rules can lead the beneficiary to lose their benefits altogether. You also want to avoid the possibility of overpayments that the beneficiary must then repay from their own funds.
Work With a Special Needs Planner
Serving as a representative payee is not a simple job; don't take it lightly.The SSA does offer an online guide for representative payees. This resource addresses frequently asked questions and allows you to complete your payee accounting online.
However, to ensure that you have a handle on all your duties, be sure to speak with a qualified special needs planner near you. An attorney with expertise in special needs planningcan explain the intricacies of the system and provide you with tips that will best fit the specific needs of your family member with special needs.
Representative Payee: It's Not a Job to Take Lightly
<p><span style="font-size:small"><img alt="Person writing on a slip of paper while teller waits on other side of glass." src="https://cdn.elderlawanswers.com/common/uploads/photos/17955-Bank teller.jpg" style="float:right; height:200px; margin-left:10px; margin-right:10px; width:300px" /></span></p>
<p><span style="background-color:white"><span style="font-size:14.0pt"><span style="color:#191b23">The Social Security Administration (SSA) manages the <a href="https://specialneedsanswers.com/the-basics-of-social-security-disability-insurance-ssdi-12852" target="_self">Social Security Disability Insurance</a> (SSDI) and <a href="https://specialneedsanswers.com/ssi-basics-13654" target="_self">Supplemental Security Income</a></span><span style="color:#0000ff"> </span><span style="color:#191b23">(SSI) programs. These are the two largest government benefit programs for people with special needs. </span></span></span></p>
<p><span style="background-color:white"><span style="font-size:14.0pt"><span style="color:#191b23">Many people with disabilities who receive these public benefits can manage their own money and make other financial decisions for themselves. The SSA sends these individuals their own benefit checks each month.</span></span></span></p>
<h2><strong><span style="font-size:14.0pt">Managing Funds for Someone With Special Needs</span></strong></h2>
<p><span style="background-color:white"><span style="font-size:14.0pt"><span style="color:#191b23">However, some individuals with special needs are not able to make important financial decisions. This may be because of their disability or because they have not yet reached the age of majority. The SSA sends their benefits directly to a third party, known as a representative payee.</span></span></span></p>
<p><span style="font-size:var(--intergalactic-fs-300, 16px)"><span style="background-color:white"><span style="font-size:14.0pt"><span style="color:#191b23">The representative payee manages the funds for the person who relies on public benefits. A parent or caregiver may sign up to be a representative payee for their child with special needs. However, they often do not take the time to truly explore all the responsibilities this role entails, leading to trouble down the road. </span></span></span></span></p>
<p><span style="font-size:var(--intergalactic-fs-300, 16px)"><span style="background-color:white"><span style="font-size:14.0pt"><span style="color:#191b23">Here are a few key things to remember about being a representative payee.</span></span></span></span></p>
<h2><strong><span style="font-size:14.0pt">It Isn't Your Money</span></strong></h2>
<p><span style="background-color:white"><span style="font-size:14.0pt"><span style="color:#191b23">If you are serving as a representative payee, the funds you receive belong to the beneficiary, not to you. When you agree to serve in this role, you are responsible for managing the money for their benefit. </span></span></span></p>
<p><span style="font-size:var(--intergalactic-fs-300, 16px)"><span style="background-color:white"><span style="font-size:14.0pt"><span style="color:#191b23">In almost all cases, this means that you can't charge a fee to be a representative payee. It<strong> </strong>can be<strong> </strong>easy to lose track of the beneficiary's funds, especially when family finances are intermingled. As a representative payee, you must ensure that the beneficiary, and no one else, receives the monthly payments. The funds are for their use alone.</span></span></span></span></p>
<h2><strong><span style="font-size:14.0pt">Don't Commingle</span> <span style="font-size:14.0pt">Funds</span></strong></h2>
<p><span style="background-color:white"><span style="font-size:14.0pt"><span style="color:#191b23">To ensure that the beneficiary's funds benefit only them, segregate the funds in a separate bank account. This account should reflect the beneficiary's ownership of the funds. It<strong> </strong>should not be a joint account with the representative payee as the other owner. </span></span></span></p>
<p><span style="font-size:var(--intergalactic-fs-300, 16px)"><span style="background-color:white"><span style="font-size:14.0pt"><span style="color:#191b23">Instead, the bank account should be in the name of the beneficiary. The bank can then note the representative payee on the account. For example: "[Your name], as representative payee for [your child's name]." </span></span></span></span></p>
<p><span style="font-size:var(--intergalactic-fs-300, 16px)"><span style="background-color:white"><span style="font-size:14.0pt"><span style="color:#191b23">Of course, this<strong><span style="font-size:14.0pt"><span style="color:#191b23"> </span></span></strong>can be difficult when you are serving as the representative payee for a minor child who lives with you. In these cases, the child should have their own savings account. This is what the SSA recommends, even if the payee spends most of the child's benefits through the family's checking account. </span></span></span></span></p>
<p><span style="font-size:var(--intergalactic-fs-300, 16px)"><span style="background-color:white"><span style="font-size:14.0pt"><span style="color:#191b23">The SSA's <a href="https://www.ssa.gov/myaccount/rep-payee.html" target="_self"><span style="color:blue">Representative Payee Portal</span></a> is a central gateway for individual representative payees with a <a href="https://www.ssa.gov/myaccount/" target="_self">Social Security</a> account. Through this online portal, they can manage direct deposit, wage reporting, and annual reporting for their beneficiary.</span></span></span></span></p>
<h2><strong><span style="font-size:14.0pt">File Your Representative Payee Report With the SSA Each Year</span></strong></h2>
<p><span style="background-color:white"><span style="font-size:14.0pt"><span style="color:#191b23">The SSA also requires that a representative payee file an annual <a href="https://specialneedsanswers.com/accounting-is-not-only-important---its-mandatory-14718" target="_self">accounting</a> called the representative payee report. This report details what you, as the representative payee, have done with the beneficiary's funds during the previous year. (Note that certain payees no longer need to complete this annual report, per the SSA; continue reading for more on this.)</span></span></span></p>
<p><span style="font-size:var(--intergalactic-fs-300, 16px)"><span style="background-color:white"><span style="font-size:14.0pt"><span style="color:#191b23">If you've kept accurate records of the beneficiary's funds over the course of the year, the report will be easy to fill out. To help avoid headaches when the time comes to file the report, be sure to keep accurate records of expenditures throughout the year. And as noted above, do not commingle funds. Note that failing to file the report could lead to your removal as a representative payee. </span></span></span></span></p>
<p><span style="font-size:var(--intergalactic-fs-300, 16px)"><span style="background-color:white"><span style="font-size:14.0pt"><span style="color:#191b23">Certain payees are exempt from the annual accounting requirement, including: </span></span></span></span></p>
<ul>
<li><span style="font-size:var(--intergalactic-fs-300, 16px)"><span style="background-color:white"><span style="color:#191b23"><span style="font-size:14.0pt">Natural or adoptive parents or legal guardians of a minor child beneficiary who primarily reside in the same household as the child</span></span></span></span></li>
<li><span style="font-size:var(--intergalactic-fs-300, 16px)"><span style="background-color:white"><span style="color:#191b23"><span style="font-size:14.0pt">Natural or adoptive parents of a disabled adult beneficiary who primarily reside in the same household as the beneficiary</span></span></span></span></li>
<li><span style="font-size:var(--intergalactic-fs-300, 16px)"><span style="background-color:white"><span style="color:#191b23"><span style="font-size:14.0pt">Spouse of a beneficiary</span></span></span></span></li>
</ul>
<h2><strong><span style="font-size:14.0pt">Know the</span> <span style="font-size:14.0pt">Supplemental Security Income Rules</span></strong></h2>
<p><span style="background-color:white"><span style="font-size:14.0pt"><span style="color:#191b23">If you are a representative payee for a person receiving SSI benefits, you may face yet one more challenge. The SSI program adheres to stringent income and asset rules that you need to follow.<strong> </strong></span></span></span></p>
<p><span style="font-size:var(--intergalactic-fs-300, 16px)"><span style="background-color:white"><span style="font-size:14.0pt"><span style="color:#191b23">For instance, SSI recipients can have only $2,000 to their name to be eligible for these benefits. As a representative payee, you must:</span></span></span></span></p>
<ul>
<li><span style="font-size:var(--intergalactic-fs-300, 16px)"><span style="background-color:white"><span style="color:#191b23"><span style="font-size:14.0pt">Know the rules regarding how much the beneficiary can accumulate in assets</span></span></span></span></li>
<li><span style="font-size:var(--intergalactic-fs-300, 16px)"><span style="background-color:white"><span style="color:#191b23"><span style="font-size:14.0pt">Understand how one's level of assets can affect their ability to continue qualifying for benefits</span></span></span></span></li>
<li><span style="font-size:var(--intergalactic-fs-300, 16px)"><span style="background-color:white"><span style="color:#191b23"><span style="font-size:14.0pt">Deal with any lump-sum payments the beneficiary may receive as past due SSI benefits, which comes with its own set of rules</span></span></span></span></li>
</ul>
<p><span style="font-size:var(--intergalactic-fs-300, 16px)"><span style="background-color:white"><span style="font-size:14.0pt"><span style="color:#191b23">In a worst-case scenario, not knowing the rules can lead the beneficiary to lose their benefits altogether. You also want to avoid the possibility of overpayments that the beneficiary must then repay from their own funds.</span></span></span></span></p>
<h2><strong><span style="font-size:14.0pt">Work With a Special Needs Planner</span></strong></h2>
<p><span style="background-color:white"><span style="font-size:14.0pt"><span style="color:#191b23">Serving as a representative payee is not a simple job; don't take it lightly.<strong> </strong>The SSA does offer an online <a href="https://www.ssa.gov/payee/" target="_self"><span style="color:blue">guide for representative payees</span></a>. This resource addresses frequently asked questions and allows you to complete your payee accounting online.</span></span></span></p>
<p><span style="font-size:var(--intergalactic-fs-300, 16px)"><span style="background-color:white"><span style="font-size:14.0pt"><span style="color:#191b23">However, to ensure that you have a handle on all your duties, be sure to speak with a qualified <a href="https://specialneedsanswers.com/USA-special-needs-planners" target="_self">special needs planner</a> near you. An attorney with expertise in special needs planning<strong> </strong>can explain the intricacies of the system and provide you with tips that will best fit the specific needs of your family member with special needs.</span></span></span></span></p>
<p><span style="font-size:var(--intergalactic-fs-300, 16px)"><span style="background-color:white"><span style="font-size:14.0pt"><span style="color:#191b23">Learn more about the various powers and responsibilities of <a href="https://specialneedsanswers.com/the-powers-and-responsibilities-of-representative-payees-14530" target="_self"><span style="color:blue">representative payees</span></a>.</span></span></span></span></p>
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SOLE REMEDY
FOR AN INTERRUPTION IN SERVICE, AT LAW AND IN EQUITY.
User Information
Any and all information provided by or collected from visitors of the Website and the Web Page
(the "User
Information") shall be owned solely by the Company, except that the User Information which is
part of the
text of an e-mail communication initiated on the Website or the Web Page, shall be treated as
confidential
and as protected by the attorney-client privilege between the user who initiated the e-mail and
the Firm or
attorney to whom it is addressed (the "Confidential Information"). User Information that would
otherwise be
deemed to be Confidential Information shall not qualify as Confidential Information if it is
also provided
to or collected by the Company in a manner other than as indicated above. The Company will
neither collect,
track nor store Confidential Information.
No Warranties
THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, AND HEREBY EXPRESSLY DISCLAIMS ALL
WARRANTIES
OF ANY KIND AS TO ANY ASPECT OF THE WEBSITE, THE WEB PAGE, THE INFORMATION THEREIN AND ANY
SERVICES PROVIDED
UNDER THIS AGREEMENT, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND
NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE AND THE WEB PAGE WILL BE ONLINE
UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF
ANY
INTERRUPTIONS, ERRORS OR BREACHES IN SECURITY. IN ADDITION, THE COMPANY SPECIFICALLY DISCLAIMS
ANY
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO ANY SERVICES OR PRODUCTS OFFERED OR SOLD THROUGH
THE WEBSITE.
Limitation Of Liability
IN NO EVENT WILL THE COMPANY BE LIABLE TO THE FIRM FOR LOSS OF PROFITS, LOSS OF REVENUES, LOSS
OF SAVINGS,
LOSS OF USE, LOSS OR CORRUPTION OF CONTENT, DATA OR INFORMATION OR ANY INDIRECT, INCIDENTAL,
SPECIAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER UNDER TORT, CONTRACT OR OTHER THEORIES OF
RECOVERY. IN
NO EVENT WILL THE COMPANY'S TOTAL LIABILITY ARISING OUT OF, CONNECTED WITH OR RESULTING FROM
THIS AGREEMENT
EXCEED THE AMOUNT PAID BY THE FIRM TO THE COMPANY UNDER THIS AGREEMENT FOR THE TWELVE (12) MONTH
PERIOD
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OF LIABILITY.
Indemnification
Each party will indemnify, defend and hold the other party harmless from and against any and all
costs,
liabilities, losses, damages and expenses, including reasonable attorney's fees, and amounts
paid in
settlement, resulting from or arising out of any claim, suit, action or proceeding brought
against the other
party as a consequence of the indemnifying party's infringement of any intellectual property
right of a
third party, including without limitation, any third party patent, copyright, trademark or trade
secret.
This indemnification is subject to the parties' limitation of liability under this Agreement.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of
New Jersey and
shall be deemed to have been executed in Jersey City, New Jersey. Any legal action arising from
or related
to this Agreement shall be brought in any state or federal court located in the State of New
Jersey, County
of Hudson, and the parties hereby consent to the jurisdiction of such courts.
Entire Agreement
This Agreement is the entire Agreement between the parties with respect to the subject matter
hereof.
Arbitration
Any disputes that arise between the parties with respect to the performance of this Agreement
shall be
submitted to binding arbitration in the State of New Jersey, County of Hudson by the American
Arbitration
Association, to be determined and resolved by said Association under its rules and procedures in
effect at
the time of submission and the judgment upon the award be entered in any court having
jurisdiction thereof.
The parties hereby agree to share equally in the costs of said arbitration except that in the
discretion of
the arbitrator, any award may include the cost of the party's counsel if the arbitrator
expressly determines
that the party against whom the award is entered has caused the dispute, controversy or claim to
be
submitted to arbitration as a frivolous or dilatory action.
Severability
Should any term, warrant, covenant, condition, or provision of this Agreement be held to be
invalid or
unenforceable, the balance of this Agreement shall remain in full force and shall stand as if
the
unenforceable part did not exist.
Validity
This Agreement is valid and enforceable against the Firm. Payment by the Firm to the Company, by
check or
electronic transaction, constitutes the Firm's execution and delivery of this Agreement.