Articles Posted in Following a Favorable Decision in a Social Security case

The Social Security Disability Insurance (SSDI) program offers benefits to qualifying individuals who are unable to work because of an injury, illness, or mental condition. The program provides monthly benefit payments, but some SSDI beneficiaries are not able to manage their financial affairs on their own for a variety of reasons. In such situations, the Social Security Administration (SSA) may appoint a representative payee (RP) to receive the beneficiary’s payments and see to the beneficiary’s basic needs. The SSA will make the determination that a beneficiary should have a representative payee. A disability examiner or administrative law judge (ALJ) might recommend an RP, the beneficiary may request a particular person, or an individual may request appointment as RP.

Who Might Need a Representative Payee?

In general, minor children and “legally incompetent” adults must have an RP. The parent(s) or guardian(s) of a minor beneficiary typically serve in this capacity. The SSA may make benefit payments directly to a minor beneficiary, however, if they “show the ability to manage the benefits,” such as by living independently, serving in the military, or establishing a track record of receiving and managing SSDI benefit payments.

The SSA presumes that an adult beneficiary is competent to manage their benefit payments and finances, but it may decide to appoint an RP based on medical records and other evidence. Conditions that might result in the appointment of an RP for an adult SSDI beneficiary include an intellectual or cognitive disability, an injury causing a mental impairment, dementia, physical injuries or disabilities rendering them particularly vulnerable to abuse or exploitation, or drug or alcohol addiction.

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The Social Security Administration (SSA) processes benefits for millions of people in Massachusetts and all over the United States through programs like Social Security Disability Insurance (SSDI). With so many beneficiaries to serve, errors are probably inevitable, but it is also important for beneficiaries to provide the SSA with necessary information about changes in address, employment, or health condition. If a beneficiary receives more money from the SSA than they should, known as an overpayment, the beneficiary is responsible for repaying the excess amount to the SSA, regardless of who made a mistake.

Avoiding Overpayments

Some overpayments result from the SSA’s errors, but the public rarely, if ever, knows how such mistakes might occur. A more useful analysis looks at how errors and omissions by SSDI beneficiaries can result in overpayments and how they can be avoided.

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