20 CFR 404.2001(b) and 404.2015
TN 3 (11-13)
DI 23001.001 Disability Determination Services (DDS) Capability Opinion
The DDS is responsible for providing an opinion regarding a claimant’s capability to manage his or her disability benefits when the field office (FO) identifies a case where it is likely that a claimant may be incapable or where DDS medical development indicates the claimant may be incapable. While the DDS may provide an opinion regarding the evidence of capability, the FO is responsible for the final determination of capability. The FO is also responsible for determining whether the claimant will receive benefits directly or through a representative payee.
NOTE: In cases involving children, the child’s parent or guardian may not be the proper payee. The DDS completes item 34 of the SSA-831 (Disability Determination and Transmittal) or item 24 of the SSA-832 or SSA-833 (Cessation or Continuance of Disability or Blindness Determination and Transmittal) to alert the FO in the following situations: