Obtain full information from the payee about their proposed use and the circumstances that gave rise to the objection or protest.

If a question arises about the payee's use of benefits, obtain an accounting report to verify that the payee is properly discharging their duties and responsibilities.

• •

  If the payee is properly discharging their responsibilities and should continue as payee, provide the payee with a copy of section 205(j) or 1631(a)(2) of the Social Security Act and subpart U of Regulations No. 4 or subpart F of Regulations No. 16. The payee can use these documents to explain their legal duties to the inquiring State agency, court, guardian, or other person. In some instances, the State agency, court, guardian, or other person will withdraw the objections after being informed of the payee’s legal duties under social security law and regulations.

• •

  If the inquiry reveals the payee is not properly discharging their responsibilities, consider an investigation into misuse of benefits. For additional information on misuse of benefits, see GN 00604.001 through GN 00604.075.

If at any time the field office (FO) learns that a court has initiated an action or issued an order requiring a payee to resign, turn benefits over to another, or use the benefits in a specific manner, the FO will notify the regional office (RO) for consultation with the Office of General Counsel (OGC).

On a case-by-case basis, the RO may determine the need to seek OGC assistance in drafting a letter to the payee explaining that social security law governs a payee’s use of benefits. The payee may use that letter to pursue the matter further with the court. Do not contact the court directly.