GN 03316.120 Disclosure Without Consent to Representative Payees
1. Prospective Payees - When to Disclose
You may disclose relevant information about a beneficiary that the payee applicant needs to decide whether to serve as payee. Usually, the information should be limited to:
the name of the beneficiary or recipient,
the reason that a payee is needed (that is, the fact that the individual cannot manage his/her own finances), and
the type of benefit and amount received.
CAUTION: Do not disclose sensitive information, such as medical records.
NOTE: If the person is applying to become payee for a claimant not yet entitled to benefits, you may have to disclose additional information in order to develop the claim. If you are uncertain about how much to disclose in a particular case, you may contact the Office of Public Disclosure, Office of the General Counsel, through the Regional Privacy Act Coordinator, for guidance.
2. Current Payees – When to Disclose
SSA disclosures without consent may only be made to the current payee. Redisclosures of any kind are not permitted. You should disclose only information that the person needs to perform the duties of representative payee, i.e., to receive and disburse or conserve the beneficiary's Social Security benefits.
Do not disclose the address of a former payee to the current payee as this is not needed by the current payee to perform his/her duties as payee. Also, a new payee does not need information about how a former payee used benefits in order to fulfill his/her duties. SSA determines whether the former payee used the benefits properly and notifies the new payee of any conserved funds.
REMINDER: If a payee is entitled to information in another capacity, e.g., as the beneficiary’s parent or legal guardian, the payee may receive any information he/she is entitled to in that capacity (See GN 03340.025 and GN 03340.030).
NOTE: You may contact a payee to obtain information when the payee may have information relating to the beneficiary’s entitlement/eligibility to benefits under a Social Security program. In this case, the payee is the same as any other third party to whom SSA may disclose for a program purpose (see GN 03316.065A.1. for further instructions about disclosure to general third party contacts).
3. Social Agencies Assisting SSA in Locating a Suitable Payee
You should disclose only information that would help an agency advise SSA in selecting a representative payee.
B. List of Systems of Records From Which Disclosure May Be Made
Disclosure may be made from the following systems of records:
60-0089—Claims Folders System,
60-0090—Master Beneficiary Record,
60-0103—Supplemental Security Income and Special Veterans Benefits System, and
60-0320—Electronic Disability (eDib) Claims File
See GN 03316.001D.