TN 34 (05-98)

NL 00703.825 Notice to Legally Competent Adult Beneficiary or Emancipated Minor Who has a Payee and is Denied Direct Payment

(See GN 00503.130)

Document Identifier for Word Processor: E3825

A. EXHIBIT LETTER

We have decided that it would be best for you if (1) continues to be your representative payee. This means that your (2) checks will still be paid to (3) to use for your needs.

Do You Disagree With The Decision?

If you think you should get your own checks or that someone else should help you manage your checks, you have the right to appeal. We will review your case again and consider any new facts you have. (4) Then a person who did not make the first decision will decide your case again.

  • You have 60 days to ask for an appeal.

  • The 60 days start the day after you get this letter. We assume you got this letter 5 days after the date on it unless you show us that you did not get it within the 5-day period.1

  • You will have to have a good reason for waiting more than 60 days to ask for an appeal.

  • To appeal, you must fill out a form called “Request for Reconsideration.” The form number is SSA-561-U2. To get this form, contact one of our offices. We can help you fill out the form.

(Optional)
3822D

How To Appeal

There are two ways to appeal. You can pick the one you want. If you meet with us in person, it may help us decide your case.

  • Case Review. You have a right to review the facts in your file. You can give us more facts to add to your file. Then we will decide your case again. We will not meet with the person who decides your case.

  • Informal Conference. You will meet with the person who decides your case. You can tell that person why you think you are right. You can give us more facts to help prove you are right. You can bring other people to help explain your case.

(Optional)

If You Want Help With Your Appeal

3215E

If You Have Any Questions

3901C - Domestic

3901D - Foreign

Enclosure:

Pamphlet No. SSA-05-10058

1 Delete this sentence for foreign cases.

B. REQUESTING INSTRUCTIONS

In title II cases, the PC should send the notice when the legally competent adult beneficiary requests direct payment but the decision is to continue to pay his/her benefits to the payee of record. In title XVI cases the FO is responsible for preparing and releasing this notice.

Fill-ins:

  1. name of payee

  2. Social Security, Supplemental Security Income, Black Lung

  3. him, her, them

  4. Include this sentence only in title II cases.

Select paragraph 3822D (“How To Appeal”) and 3215E (“If You Want Help With Your Appeal”) in title XVI cases.

See NL 00703.005E. for 3901C and 3901D text and fill-in.

See NL 00703.215 for 3215E text.

C. TYPING INSTRUCTIONS

In title II cases use Form SSA-L2000-C2 (Universal Notice) and follow the notice standards. Information for this notice will be on the Form SSA-573. In title XVI cases, use the SSA-L8025-U2 (Supplemental Security Income Payment Decision), or Form SSA-L8166-U2 (Supplemental Security Income Notice) as appropriate. Refer to NL 00801.015C.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0900703825
NL 00703.825 - Notice to Legally Competent Adult Beneficiary or Emancipated Minor Who has a Payee and is Denied Direct Payment - 10/28/2005