aj6044 Asked September 2023
Mom got a representative payee. I'm confused how it works?
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Mom got a rep payee. We got the letter in the mail with the name of the payee. Her social worker and APS made a case for her due to the fraud on her bank acct so that's why she got a payee. I had to Google them to get the contact info, and was able to speak with them.
How does this process work? Moms SS check did not arrive to the bank account so I assume it's in route to the payee. They said it was not in yesterday's mail which of course makes me so anxious. I also sent them a list of mom's expenses and how to pay.
I'm just anxious. Her phone bill is late and rent is due Oct 1. I can't cover her bills in the meantime.
Can somebody shed some light on this process?
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For whatever reason, you as her daughter / relative were not made her rep payee but it has gone to a “qualified social service organization”. These exist and have to have all sorts of paperwork filed with SSA (the big one is SSA-445) be bonded, licensed, insured. This organization probably do this for several if not dozens or hundreds of individuals.
If your mom is getting home health, it may be a separate company but loosely affiliated with the Home Health company. Or an organization that APS submitted a request to. The organization can charge a fee for service taken from moms assets,
Whatever, you do a cover letter listing the bills that will be due to be paid for the incoming month from moms next SSA and Fax all this info over to that new rep payee. DO NOT PAY HER BILLS. I know this sounds harsh but as you are not her rep payee and do not have access to her banking to using her $ that way, so using your own $ and expecting reimbursement may not happen. State agencies - in my experience- tend to totally take the viewpoint that whatever we as family do for our elderly parents we do 100% out of a sense of familial responsibility with zero expectation of reimbursement.
I would actually be somewhat concerned about the new representative payee… if it is with an organization that has attorneys….. that it will look into your moms bank statements and any credit cards to see exactly how the fraud happened and if you possibly were involved. So be aware of that. And why it’s especially good to send that fax as it definitely shows you are concerned about your mom paying her rent, her phone, etc.
Also give some thought as to why you were not approached to be your mom’s representative payee. SSA section 404.022 goes into why folks get excluded to be rep payee. Like if you yourself are getting SSA title 2 benefits, I don’t think you can be a rep payee for another person as SSA views it as too much work for you to be expected to do this. But sometimes being overlooked the rep payee can due to an error made OR you yourself are fine but someone in your household has an issue that is pretty significant of a concern so “not in the beneficiary best interests” so if there is a qualified organization that wants to be the rep payee or an attorney or court appointed conservator, they are named.
Whatever the case, do not just make a phone call, send a fax or a certified letter. So that you have a definite paper trail.
SS does not come by mail it is direct deposited to an account. I would pay nothing out of pocket. May have a hard time getting reimbursed. Have you talked to the payee personally?
I honestly don't know that the payee now is also POA to pay her bills???? Because that's all a mess to change for someone.
Speak also with the payee about what her duties are.
As to the bills, I would explain to each complaining entity that you are no longer the payee. I would refer them to the person now responsible for these bills.
I hope others have a better idea what to tell you, because generally the payee is also the guardian or poa or conservator and responsible for everything. If that was YOU, you need to notify people you are no longer responsible for paying these bills, and give them the payee's info. This sounds like it could be a mess for a while.