TN 52 (05-19)

GN 00502.135 Representative Payee Applicant is a Creditor

A. Definition of Creditor

A creditor is an individual or organization who provides the beneficiary with goods or services for monetary consideration. Some examples of a creditor payee may be:

  • Nursing Homes

  • Assisted Living Facilities

  • Group Homes

  • Legal Guardian

B. Appointing a Creditor as Representative Payee

You must review and evaluate each representative payee (payee) application to determine the most suitable payee for the beneficiary. Follow the instructions in GN 00502.132 to select a qualified payee. Do not select a creditor payee applicant unless the applicant is the most suitable and is either a(n):

  • relative (e.g, parent, step-parent, child, spouse, aunt, uncle, grandparent) of the beneficiary living in the same household;

  • legal guardian or legal representative of the beneficiary;

  • facility that is licensed or certified as a care facility under the laws of the state or a political subdivision of a state (e.g. town, county);

  • Fee-for-Service (FFS) organization and the creditor relationship is based only on the payee's FFS status;

  • administrator, owner, or employee of a facility, licensed or certified as a care facility under the laws of the state or a political subdivision of a state (e.g. town, county) where the beneficiary lives and there is no alternative payee; or

  • otherwise acceptable applicant who demonstrates he, she, or it poses no harm to the beneficiary and the creditor relationship poses no substantial conflict of interest, and there is no alternative payee.

If you select a creditor payee applicant, you must document in your suitability determination your reason for:

  • selecting a creditor as payee and

  • why the applicant is the most suitable.

Use the "Rep Payee Applicant Note Type" on the Make Note screen in the Electronic Representative Payee System (eRPS), per MS 07415.002.

1. Conditional creditor payee applicant appointment

You may appoint a creditor payee applicant conditionally that meets the criteria in GN 00502.135B in order to evaluate the payee's performance and ensure the beneficiary's needs are met. Only appoint a creditor payee conditionally when you determine:

  • the applicant is otherwise suitable;

  • direct payment is prohibited; see GN 00502.001C and

  • there is no alternative payee available.

Take the following steps to conditionally appoint a creditor payee applicant:

  1. a. 

    Document the conditional payee appointment determination using the "Rep Payee Applicant Note Type" on the Make Note screen in eRPS, per MS 07415.002.

  2. b. 

    Withhold any accrued or conserved benefits until you evaluate the payee's performance unless needed to meet the beneficiary's current needs, per GN 00502.186. NOTE: Direct input of a payee appointment will release all accrued benefits. Manual action by the payment center (PC) is required to withhold accrued or conserved benefits for Retirement Survivors Disability Insurance benefits (RSDI).

  3. c. 

    Establish a tickle to conduct a payee evaluation in 3-months:

    1. 1. 

      For T2 beneficiaries, use the Add New Issue screen in eRPS. For information on this screen see MS 07408.007.

    2. 2. 

      For T16 recipients, establish a UA diary on the Supplemental Security Income Record (SSR). For information on establishing a UA diary, see SM 01301.647.

When the 3-month tickle expires, take the following action:

  1. a. 

    Contact the payee by phone and conduct an interview using the SSA-624. For more information on interviewing the payee using the SSA-624, see GN 00605.105C.

  2. b. 

    Ask the payee for the name and contact information of a third party unless we already have this information in our records, such as the legal guardian's name and contact information.

    1. 1. 

      If the beneficiary is a legally incompetent adult and the payee is not the legal guardian, then the third party must be the legal guardian.

    2. 2. 

      If the beneficiary is a legally incompetent adult and the payee is the legal guardian or the beneficiary is a minor child, then the third party can be a caretaker, such as a nurse, home health aide, grandparent, or any other individual who cares for and frequently has contact with the beneficiary.

  3. c. 

    Contact the third party and the custodian of the beneficiary (if applicable), to complete section two and three of the SSA-624.

    1. 1. 

      The third party will answer as many questions as possible, on behalf of the beneficiary in section two of the SSA-624.

    2. 2. 

      The custodian (if applicable) answers the questions in part three of the SSA-624.

  4. d. 

    Evaluate the payee's, third party's, and custodian's (if applicable) answers to the questions on the SSA-624 by following the instructions in GN 00605.106B1 through 4 and 7. If necessary, contact the payee again for clarification if there are discrepancies between the answers of the payee, third party, or custodian.

  5. e. 

    Determine the payee's performance and continued suitability:

    1. 1. 

      If the payee's performance is unacceptable, develop for a new payee following the instructions in GN 00502.000.

    2. 2. 

      If the payee's performance is acceptable, release any remaining accrued or conserved funds, if applicable.

  6. f. 

    Retain the completed SSA-624 by faxing it into the Non Disability Repository for Evidentiary Documents (NDRED). For more information, see GN 00605.055B.

  7. g. 

    Document the payee performance determination, including any discrepancies between the answers of the payee, third party or the custodian from the SSA-624, on the Rep Payee Details tab in eRPS using the Make Note Screen, per MS 07415.002.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200502135
GN 00502.135 - Representative Payee Applicant is a Creditor - 06/26/2017
Batch run: 05/21/2019
Rev:06/26/2017