A decision to suspend a beneficiary's benefits pending payee development is not an
initial determination subject to the administrative appeals process. These suspensions
are administrative actions rather than adverse actions. When there is a resolution
for the representative payee issue, we will release all benefits due. According to
provisions of the Omnibus Budget Reconciliation Act of 1990 (OBRA 90), we will reinstate
benefits within 1 month unless direct payment is precluded.
Additionally, when we appoint the representative payee, we send them Form SSA–4164, Advance Notification of Representative Payee , containing information on their rights to appeal our decision. The S8/S08 notices
mailed when benefits are suspended pending representative payee development no longer
contain appeal rights information.
EXCEPTION: Sometimes beneficiaries in direct pay are erroneously suspended. Because they have
not received an advance notice with appeal rights, the S8/S08 notice provides them
with the right to appeal the need for a representative payee.