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  1. #1
    NGens is offline Junior Member
    Join Date
    Jul 2008
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    1

    Question on Representative Payees.

    What is the name of your state (only U.S. law)? New Jersey

    Hello, I am disabled (Mental disability), currently recieving SSDI. I cannot afford to live where I am now, and am in need to move across the country away from my representative payee. She is my mother, the only one I trust to take care of these things, and I requested a representative payee in the first place.

    This is how it happened: I was asked 'Do you want a representative payee?' and I said yes.

    Now, my mom is disabled too, she's terminally ill, she doesn't have long for this world. We also can't afford to go to a psychiatrist (even on medicare) so I won't see a psychiatrist since earning SSDI, for another two months. For the past year almost, I have been training and training on budgeting and finances myself. Both myself and my mother agree that I can take care of my finances now, and if I get on medication, should be able to work to boot.

    My questions are thus: My representative payee was at my request, they say 'Do you want a representative Payee?' I said yes and pointed to my mother. How do I reverse this after 2 years? Did I just throw myself in a pit of bureacracy that I won't escape without a teethpulling-equivalent of an adventure in legal problems and trying to get to a doctor that I can't afford?

    Keep in mind, I am trying to move across country specifically so that I can afford to go to a psychiatrist and pay for my own medical treatment. My mom is also dying, and I need to be able to handle my own money.

    What will it take to have my mom dismissed as a representative payee and for me to handle my own finances, seeing as it was voluntary, or did voluntarily requesting a payee trap me into involuntarily having a representative payee?

    Further clarification: I have never had a problem taking care of my own money, nothing in my medical reports would contend that statement. I have a fear of alcohal and drugs so am not a substance abuser.

    I am schizo-effective.

    One of my Social Security letter says: As <NAME> requested, beginning august 2007 any social security payments will be sent to the financial institution he selected. (In otherwards, even the first sentence in the first letter I got confirms it was voluntary.)
    Last edited by NGens; 07-25-2008 at 08:23 PM.
  2. #2
    BL
    BL is offline Senior Member
    Join Date
    Jul 2003
    Location
    In the good old US of A
    Posts
    18,886
    Your mother , if willing can simply contact SSA and state she no longer wishes to be your rep. payee . At that time your mother can explain the situation and tell SSA that she believes you can manage your own money .

    SSA will most likely have to send it to you anyways ( even if it's for a few months ) .

    If your mother isn't prepared to be released as rep. payee at this time , you can request SSA to drop your mother as payee and send the payments directly to you .

    If you even have a primary Dr. at this time , you can get a statement that you can handle your own money .

    I hope you don't move away from your mother at this time .

    Good luck .



    What If I Believe I No Longer Need a Representative Payee?
    You have the right to receive your own Social Security check unless SSA has reason to believe you may spend your money in a way that might hurt you.

    If you have a representative payee because of a physical or a mental disability, in order to become your own payee, you must show SSA that you are now mentally and physically able to handle your money yourself. You could provide:

    A doctor's statement that there has been a change in your condition and that the doctor believes you are able to care for yourself; or


    An official copy of a court order saying that the court believes that you can take care of yourself; or


    Other evidence that shows your ability to take care of yourself.
    Note: Be advised that if SSA believes your condition has improved to the point that you no longer need a payee, we may reevaluate your eligibility for benefits.



    What If I Disagree With SSA's Decisions?
    You have the right to appeal either the decision that you need a representative payee, or the person or organization SSA has chosen as your representative payee. You have 60 days to appeal a decision by contacting SSA. Please contact your local Social Security office or call us at 1-800-772-1213 for more information.

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