Effective Dates: 6/08/2026 - Present

Identification Number:
GN 00502 TN 103
Intended Audience:See Transmittal Sheet
Originating Office:LP ISP
Title:Determining the Need for, Developing and Selecting a Representative Payee
Type:POMS Full Transmittals
Program:All Programs
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM
Part GN – General
Chapter 005 – Selection of Representative Payee
Subchapter 02 – Determining the Need for, Developing and Selecting a Representative Payee
Transmittal No. 103, 06/08/2026

Audience

PSC: CA, CCRE, CS, ICDS, IES, ISRA, NPR, RECONR, SCPS, TSA, TST;
OCO-OEIO: BTE, CCRE, CR, CTE, FCR, PETL, RECONR;
OCO-ODO: BTE, CCE, CR, CST, CTE, CTE TE, DSE, LCC, PETE, PETL, RECONE;
FO/TSC: CS, CS TII, CS TXVI, CSR, CTE, DRT, FR, OA, OS, RR, TA, TSC-CSR;

Originating Component

ISP

Effective Date

Upon Receipt

Background

This transmittal provides instructions for developing and documenting evidence for whether a beneficiary is capable of managing or directing the management of their benefits. SSA released enhancements to the electronic Representative Payee System (eRPS). These enhancements add new functionality for technicians to document the legal, lay, and medical evidence that they consider when determining whether a beneficiary needs a representative payee.

Summary of Changes

GN 00502.023 Developing Legal Evidence of Capability

  • •

    Subsection B: Added reminder and example of proper documentation of legal evidence. Added corresponding MSOM link.

GN 00502.040 Developing Medical Evidence of Capability

  • •

    Subsection A: Added instruction for proper documentation of medical evidence, with accompanying MSOM link.

GN 00502.055 Reevaluating a Beneficiary's Capability

  • •

    Subsection C: Added MSOM reference for beneficiaries requesting direct payment.

GN 00502.065 Documenting a Capability Determination

  • •

    Subsection C: Added reminder to document all relevant legal, medical, and lay evidence with link to new MSOM.

    Throughout entire section: Updated MSOM references.

 

GN 00502.023 Developing Legal Evidence of Capability

A. Legal evidence of capability

Legal evidence is required when there is an allegation that the beneficiary is legally incompetent. There must be a court order in place for finding that an individual is legally incompetent. If a court establishes that the beneficiary is incompetent, the beneficiary must receive benefits through a representative payee (payee) and no other capability development is necessary.

A guardianship or conservatorship could indicate that the beneficiary may be legally incompetent. Even if there is no direct allegation of legal incompetence, technicians should ascertain during the interview if the beneficiary has a legal guardian or conservator. Technicians must exercise good judgment and carefully evaluate the court order of guardianship or conservatorship, if available, to determine whether or not it establishes legal incompetency, and whether further development of legal evidence of incompetency is necessary. For example, if a guardianship or conservatorship is only for administration of an estate or financial asset, or if a guardianship is for an issue other than legal incompetency, accept a copy of the court order as lay evidence and continue to develop for other evidence of capability; otherwise, or if no court order copy was provided, develop for legal evidence of incompetency.

B. How to develop legal evidence of incompetency

Complete the following actions to determine if the beneficiary is legally incompetent.

1. Obtain a certified copy of the current court order

You must obtain a certified copy of the current court order to establish authenticity. Evidence of legal incompetence usually takes the form of a court order appointing a legal guardian and specifying the beneficiary's legal incompetence.

IMPORTANT: For instructions on when you do not have to delay a payee appointment while waiting to obtain a court order, see GN 00502.023E.

2. Does the court order specifically include a finding of or language to indicate legal incompetence or meet the criteria for a finding of legal incompetence?

The court appointment of a legal guardian does not necessarily mean the beneficiary is legally incompetent. The court order must specifically address the beneficiary's legal competence or must contain a statement regarding the individual's ability to handle their financial affairs. If the court order does not specify legal incompetence, consult the Digest of State Guardianship Laws (see GN 00502.300) to help you determine if the court order represents a finding of legal incompetence or indicates the need for a payee. Each State synopsis provides the conditions under which the court’s order constitutes a finding of legal incompetence. Look for statements concerning the beneficiary's ability to handle their financial affairs and responsibilities. When the court order is unclear on whether or not the beneficiary is incompetent, consider calling the court for clarification (see United States Court Locator). Power of attorney makes no finding about an individual’s capability or legal competence (see GN 00502.139).

If the answer is:

3. Additional capability development required

You must:

  • •

    Complete capability development and make a capability determination, per GN 00502.001 through GN 00502.075.

  • •

    Treat the court order as lay evidence per GN 00502.030.

  • •

    Store a copy of the court order in the Non-Disability Repository for Evidentiary Documents (NDRed) under the beneficiary's claim number using the Evidence Portal (EP) or in eView under the Beneficiary's Own Account Number (BOAN) using EP or the eView application.

  • •

    Appoint a payee only if you determine that the beneficiary is incapable.

4. Was the court order made more than one year ago?

If:

  • •

    no, go to GN 00502.023B.5.

  • •

    yes, obtain evidence to show that the court order showing legal incompetence is still in effect (see GN 00301.030B.3). Contact the court to obtain this information, if needed. Once you obtain evidence the court order is still in effect, follow GN 00502.023B.5. NOTE: If the court order is not in effect and there is a new court order follow GN 00502.023B.1.

5. Additional capability development not required

You must:

  • •

    Appoint a payee.

  • •

    Store a copy of the court order in NDRed under the beneficiary's claim number using EP or in eView under the BOAN using EP or the eView application.

  • •

    Document legal incompetence in the electronic Representative Payee System (eRPS) per MS 07409.007 Legal Guardian Information.

  • •

    Per MS 07409.017, document eRPS with the with the court order/certification date, the source that provided this information, and a brief description of the legal evidence collected. For example, “Current court order from Circuit Court for Baltimore County dated 10/19/2025, and certified on 2/24/2026 indicates that the beneficiary is legally incompetent. Copy of order stored in electronic file.”

C. Obtaining a new court order when a legally incompetent beneficiary requests direct payment

If a beneficiary requests direct payment of their benefits and:

  • •

    eRPS already includes documentation on the Legal Guardian Details screen (MS 07420.011); or

  • •

    NDRed or eView contains a copy of the court order that shows a beneficiary is legally incompetent.

You must obtain the new court order showing the beneficiary is now legally competent. If you cannot obtain such evidence, you must continue payment through a payee.

If you obtain a new court order that shows the beneficiary is now legally competent, follow the additional instructions in GN 00502.055C.

D. Making payee changes after SSA records already include documentation and a court order that a beneficiary is legally incompetent

If SSA records already include documentation and a court order that a beneficiary is legally incompetent, and you take a subsequent payee application to change the payee, you must:

  • •

    Confirm in eRPS that the court order is in SSA records.

  • •

    Ask the payee applicant and current payee if there has been any changes in the court order.

    • –

      If yes, follow the instructions in GN 00502.023B.

    • –

      If no, document the current payee application, per MS 07409.007 Legal Guardian Information, with the information already documented on the Legal Guardian Details Screen (MS 07420.011).

E. Requirement to obtain the court order after you established a beneficiary incapable based on convincing evidence

If you can establish incapability based on convincing evidence by following GN 00502.001 through GN 00502.075, do not delay a payee appointment merely to obtain a court order. However, because you have an allegation of legal incompetence, guardianship, or conservatorship, you must still:

  • •

    Obtain the court order within 10 calendar days. Diary the case for 10 calendar days per MS 07408.007 with CRTOR for receipt of the court order.

  • •

    After you receive the court order:

    • –

      Document the court order details of legal incompetence, if established, in eRPS per MS 07409.007.

    • –

      Store a copy of the court order in NDRed under the beneficiary's claim number using EP or in eView under the BOAN using EP or the eView application.

GN 00502.040 Developing Medical Evidence of Capability

A. Medical evidence of capability

Medical evidence of capability is evidence of a medical nature that sheds light on a beneficiary’s ability to manage or direct the management of benefits. When a beneficiary’s capability is questionable, you must develop for medical evidence following the instructions in this section. You must store all medical evidence used in the capability determination in the Non-Disability Repository for Evidentiary Documents (NDRed) under the beneficiary's claim number using the Evidence Portal (EP) or in eView under the Beneficiary's Own Account Number (BOAN) using EP or the eView application.

Although a major factor, medical evidence is not the definitive, determining factor of capability. You must evaluate medical evidence, along with lay evidence (see GN 00502.030), in order to make a sound capability determination.

1. Types of medical evidence

Medical evidence is a statement offered by a physician, psychologist, or other qualified medical practitioner (medical source), based on their evaluation, examination, or treatment of the beneficiary, which provides a meaningful assessment on the beneficiary’s ability to manage or direct the management of benefits. All medical evidence used for making the capability decision must be submitted by a medical source who conducted the examination or a person authorized to provide such certifications (e.g., a medical records librarian).

The SSA-787, Medical Source Opinion of Patient’s Capability to Manage Benefits, is the preferred vehicle for obtaining medical evidence of capability. However, you may use other forms and summary reports from the medical source instead of the SSA-787, if:

  • •

    The medical source (physician, psychologist or other qualified medical practitioner) noted in the other form or summary report that they have knowledge of the claimant's medical condition as it relates to the beneficiary's ability to manage or direct the management of funds;

  • •

    It includes a basis for their assessment, e.g., observations, medical records, diagnostic tests, patient self-report, family member's report; and

  • •

    It is dated.

For instructions for medical evidence that is less than one year old, follow GN 00502.040A.2.a.

For instructions for medical evidence that is over one year old, follow GN 00502.040A.2.b

For instructions when there is no medical evidence, follow GN 00502.040B.

For instructions on documenting medical evidence in eRPS, see MS 07409.017.

NOTE: For information on using the disability listing 12.05A as medical evidence, see GN 00502.040A.9.

2. Age of medical evidence

a. Medical evidence less than one year old

In every case when capability is questionable, you must develop for the most up-to date medical evidence based on an evaluation, examination, or treatment that occurred within the last year by following GN 00502.040A.3.

b. Medical evidence over one year old

If the beneficiary has not had an evaluation, examination, or treatment by a medical source within the past year, and there is an SSA-787, other form, or summary report that is over one year old and already in Social Security Administration (SSA) records, use this as medical evidence in your capability determination, per GN 00502.040A.11.

IMPORTANT: If an SSA-787, other form, or summary report over one year old is used, it must meet the criteria listed in GN 00502.040A.1.

3. Obtaining medical evidence less than one year old

If the beneficiary had an evaluation, examination, or treatment by a medical source within the past year, you must obtain a signed and dated SSA-827 Authorization to Disclose Information to the Social Security Administration. You must send the SSA-787 and SSA-827 directly to the medical source to obtain medical evidence that is less than one year old. Follow instructions for completing the SSA-827 in DI 11005.055.

The beneficiary or representative (someone who can act under State law in making decisions related to beneficiary health care) must sign the SSA-827, or an alternative Health Insurance Portability and Accountability Act (HIPAA)-compliant authorization form, to disclose medical information. If the beneficiary refuses to sign the form, and has no representative, and there is no older evidence in SSA records, per GN 00502.040A.2.b, you must develop capability using other evidence, per GN 00502.040B.

If the beneficiary decides to undergo an evaluation, examination, or obtain treatment on their own volition, ask the beneficiary to notify SSA after the examination. Then mail a SSA-787, and signed and dated SSA-827, to the medical source. If the beneficiary is unwilling to undergo an evaluation, examination, or treatment, do not compel them to do so solely to obtain medical evidence of capability.

If you receive the SSA-787, but you question the authenticity, follow GN 00502.040A.5.

For an incomplete SSA-787, other form, or summary report, follow GN 00502.040A.6.

IMPORTANT: If you receive a completed other form or summary report back from the medical source, i.e., not the SSA-787, you can accept it, but only if it fits the criteria in GN 00502.040A.1.

4. Medical source does not mail the less than one year old medical evidence directly to SSA

The medical source may mail or fax the completed SSA-787, other form, or summary report, directly back to SSA. Accept the original document or photocopy. If the medical source provided the completed SSA-787, other form, or summary report to the beneficiary instead of SSA, follow the instructions in GN 00502.040A.5.

IMPORTANT: If you question the authenticity of the SSA-787, other form, or summary report, follow GN 00502.040A.5.

REMINDER: If the medical evidence is not the SSA-787, but another form or summary report, you can only accept it if it also fits the criteria in GN 00502.040A.1.

For an incomplete SSA-787, other form, or summary report, you must follow GN 00502.040A.6.

5. Authenticity of the less than one year old SSA-787, other form, or summary report questioned

If you question the authenticity of the SSA-787, other form, or summary report, you must contact the medical source, or medical source’s representative, to confirm its authenticity and verify the contents. You must document the details of contacts with medical sources as follows:

a. Case established in the electronic Representative Payee System (eRPS)

A representative payee (payee) application is taken or will be taken, whether the application is denied or approved or there is an established beneficiary’s case in eRPS:

On the Beneficiary Details page, using the “Add Report of Contact” link, complete the RPOC. In the “Subject” section, write “MEDICAL EVIDENCE CONFIRMATION” before adding your details in the “Report” section, see MS 07416.002.

b. Case not established in eRPS

Follow these procedures for all beneficiary cases not established in eRPS.

EXAMPLE: The state Disability Determination Services (DDS) suggested there may be a possibility the beneficiary needs a payee. However, you do capability development and determine the beneficiary is capable (therefore, there is no payee application) or the payee applicant does not have an SSN and the beneficiary has no established case in eRPS:

  • •

    Title II or Concurrent -- Complete the Report of Contact (RPOC). In the “Report” section, write “MEDICAL EVIDENCE CONFIRMATION” before adding your details (see MS 03508.007).

  • •

    Title XVI -- Complete the Report of Contact page. In the “Report ” section write “MEDICAL EVIDENCE CONFIRMATION” before adding your details (see MS 07416.002).

NOTE: If you are unable to establish a Report of Contact in the system, use the paper Form SSA-5002 (Report of Contact) for your documentation and store in NDRed using EP or in eView using EP or the eView application.

You must:

  • •

    Store a copy of the SSA-5002 in NDRed under the beneficiary's claim number using EP or in eView under the BOAN using EP or the eView application; and

  • •

    Note in your “Report of Contact” in eRPS, MCS, or Consolidated Claims Experience (CCE) that you stored the medical evidence and any other paper medical evidence used in your capability determination, in NDRed or eView.

6. Incomplete, less than one year old medical evidence

If you receive an incomplete SSA-787, other form, or summary report, directly from a medical source, contact the medical source of the evidence for confirmation. If the medical source confirms providing the incomplete evidence, redevelop by sending an SSA-787 and SSA-827 to this medical source. The confirmation may be from the medical source who provided the SSA-787, other form, or summary report, or the medical source’s representative.

You must document the details of your contact with the medical source, per GN 00502.040.A.5.

7. SSA is asked to pay for medical evidence

SSA does not pay for medical evidence used solely to decide capability. If the medical source requests payment for medical evidence of capability, do not honor the request. Explain that since we will not use the evidence in deciding entitlement, SSA cannot pay for it. If the medical source refuses to provide the evidence without payment and there is no other medical evidence available per GN 00502.040A, develop capability using other evidence, per GN 00502.040B.

8. DDS provides an opinion regarding a beneficiary’s capability

In disability cases, DDS often gives an opinion regarding the beneficiary’s capability. DDS is not responsible for making capability determinations.

DDS opinion is lay evidence of capability; it is NOT a determination on capability.

DDS is responsible for providing an opinion regarding a claimant’s capability to manage their 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, per DI 23001.001. While the DDS provide an opinion regarding the evidence of capability, the FO is responsible for the final determination of capability. DDS does not complete medical development solely to resolve an issue of capability, per DI 23001.005.

If you are referring your case to the DDS for a disability determination, you can request DDS assistance in obtaining medical evidence of capability by following the instructions in:

  • •

    DI 11055.215 Resolving Representative Payee Issues;

  • •

    DI 11005.045 Completing the SSA-3367;

  • •

    DI 23001.001 Disability Determination Services (DDS) Capability Opinion; and

  • •

    DI 23001.005 Disability Services (DDS) Procedures for Developing Capability.

In cases where DDS initiates capability development, the DDS enters its opinion in the remarks section of the Forms SSA-831-U3 (Disability Determination and Transmittal), SSA-832-U3 (Cessation or Continuance of Disability or Blindness Determination and Transmittal) for Title XVI, or the SSA-833-U3 (Cessation or Continuance of Disability or Blindness Determination and Transmittal) for Title II.

If the file contains a completed SSA-831-U3, SSA-832-U3, or SSA 833-U3 from the DDS with no opinion on capability, do not seek a DDS opinion on capability even if you have doubts about the beneficiary’s capability. Develop capability using other information.

If you do not need a disability determination, or if the DDS indicates on the Form SSA-831-U3 (Disability Determination and Transmittal) that capability is unresolved, contact the medical source for medical evidence of capability.

9. Disability listings and medical evidence

Disability listings appear on the SSA-831-U3, in item 23. They may be referred to in Administrative Law Judge or Appeals Council decisions. A disability allowance under disability listing 12.05A is medical evidence only of incapability and you must consider the medical evidence along with lay evidence to conduct a full capability determination. For more information on DDS procedures for developing capability, see DI 23001.005.

10. Obtaining medical evidence from the Department of Veterans Affairs (VA)

If the medical source works at a VA facility, include a signed and dated SSA-827 with your request (e.g., your request may be the SSA-787).

11. Weighing the medical evidence obtained in a capability determination

It is important to use good judgment to weigh the value of the medical evidence before you make a capability determination based on it. For example, a medical statement of capability from a consultative examiner or another medical source based on limited contact with the beneficiary is less convincing than a statement from the beneficiary’s own medical source.

Likewise, a medical statement based on an evaluation, examination, or treatment of more than one year ago is not as valuable as medical evidence that is less than one year ago. To arrive at a sound and well-reasoned capability determination, you must carefully evaluate the medical evidence obtained for each case, along with all other evidence (namely, lay evidence, see GN 00502.030.)

B. No medical evidence

When there is no medical evidence, document your attempt(s) to obtain medical evidence. Use the same documentation instructions as described in GN 00502.040A.5 to document your attempt(s) to secure medical evidence; however in your report, write “MEDICAL EVIDENCE ATTEMPTS” before adding your details. If there is no medical evidence, you still must develop other evidence of capability, see GN 00502.001 through GN 00502.075.

GN 00502.055 Reevaluating a Beneficiary's Capability

A. When you can reevaluate a beneficiary’s capability

It is important to remember that you can reevaluate capability regardless of past determinations. Therefore, you must always be alert to changes in circumstances that might indicate the need for a new capability determination. If you become aware of indicators or evidence that there is a change in a beneficiary's capability or when you receive a request for a new determination indicating that the prior capability determination may no longer apply, you must develop capability and make a capability determination. For information on developing capability, see GN 00502.001 through GN 00502.075.

If you become aware of potential changes in capability during contact with the beneficiary, representative payee (payee), or third party or during your normal course of business, see GN 00502.055B. When a subsequent payee application is filed and you become aware that a prior capability determination was inadequately developed or documented, conduct a new capability determination.

B. Situations where you may become aware of indicators or evidence that there is a change in a beneficiary's capability

  • •

    Continuing disability reviews (CDRs), see DI 28001.015.

  • •

    Supplemental Security Income (SSI) redeterminations (including age 18 disability redeterminations), see SI 02305.123.

  • •

    A beneficiary’s receipt of a new benefit type, such as student benefit.

  • •

    An applicant completes a payee application for a beneficiary who does not have a payee.

  • •

    Discovery that a beneficiary manages any other benefit(s) or income they may be receiving.

  • •

    A beneficiary appeal to the appointment of a payee.

  • •

    Credible referrals or reports from third-party sources regarding beneficiary’s need for assistance in managing their benefits.

  • •

    An incapable beneficiary who requests direct payment may now be capable.

  • •

    A capable beneficiary admitted to a mental hospital may now be incapable.

  • •

    Notification that a new court order is in effect noting, e.g., the beneficiary is legally incompetent, a legal guardian appointment occurred, or the inability of the beneficiary to manage their financial affairs, see GN 00502.023.

  • •

    Notification that a prior court order that noted the beneficiary was legally incompetent is no longer in effect, for example, a legally beneficiary requests direct payment as described in GN 00502.023C.

  • •

    Any other information you become aware of that raises a question about the beneficiary's capability.

If you become aware of indicators or evidence that the beneficiary’s capability has changed, you must develop capability and make a new capability determination (see GN 00502.001 through GN 00502.075), and document your determination per GN 00502.065.

C. Direct payment to a beneficiary who currently has a payee

Before making direct payment to a beneficiary who currently has a payee, you must obtain evidence to develop for, determine, and document a new capability determination indicating the beneficiary is now capable.

1. Incapability

If the beneficiary has a payee because of a previous Social Security Administration (SSA) determination of incapability, obtain new evidence and determine if the beneficiary is now capable before initiating direct payment, see GN 00502.000. See MS 07409.017 for instructions on documenting a beneficiary's capability in eRPS.

Contact the current payee, per GN 00504.100B.1. You must document your discussion with the current payee on the proposed change of payee as follows:

  • •

    Cases established in the electronic Representative Payee System (eRPS) (a payee application is taken or will be taken, whether the application is denied or approved):

  • •

    On the Beneficiary Details page, using the Add Report of Contact link complete the RPOC. In the “Report” section write “CAPA-CURRENT PAYEE CONTACT” before adding your details (see MS 07416.002).

  • •

    Cases not established in eRPS (e.g., the payee does not have an SSN):

    • –

      Title II or Concurrent—Complete the Report of Contact (RPOC). In the “Report” section, write “CAPA-CURRENT PAYEE CONTACT” before adding your details (see MS 03508.007).

    • –

      Title XVI—Complete the Report of Contact page in the Consolidated Claims Experience (CCE). In the “Report ” section, write “CAPA-CURRENT PAYEE CONTACT” before adding your details (see MS 07416.002).

      NOTE: If you are unable to establish a Report of Contact in the system, use the paper SSA-5002 Report of Contact for your documentation and store in the Non-Disability Repository for Evidentiary Documents (NDRed) using the Evidence Portal (EP) or in eView using EP or the eView application.

    IMPORTANT: If you determine that a previously incapable beneficiary is now capable, you may need a CDR or SSI redetermination (see DI 13001.005 and SI 02305.022). If a beneficiary is using a ticket under the Ticket to Work program, do not initiate a medical CDR (see DI 55000.000).

    EXCEPTION: If you need to make direct payment to an incapable beneficiary (i.e. who currently has a payee) because payee development is pending (see GN 00504.105), you do not need to make a new capability determination unless you believe the beneficiary is now capable. In this instance, have the beneficiary complete an SSA-11.

2. Voluntary conservator

If a voluntary conservator was appointed payee, a capability determination may not have been made before appointing the conservator as payee, per GN 00502.139B.4. Develop capability fully before deciding if direct payment is appropriate, unless the beneficiary insists on having the voluntary conservator appointed as their payee.

D. Identifying beneficiaries in need of a payee

Field Offices should establish and maintain relationships with community social service organizations to help identify beneficiaries who may need assistance in managing benefits. SSA does not have routine touch points (e.g., CDRs) with beneficiaries who receive retirement and survivors benefits. Therefore, we may not receive information through our normal business processes about beneficiaries in this population who undergo changes in their ability to manage benefits over time. FO technicians should be vigilant and proactively address capability issues in all of our beneficiary programs; this helps prevent instances of misuse and fraud. For information on SSA’s referrals to other agencies, see Types of Referral Services SSA Provides in GN 00903.100. Referrals specific to the elderly population may include Area Agencies on Aging or Long Term Care Ombudsmen.

 

GN 00502.065 Documenting a Capability Determination

A. Policy for documenting a capability determination

A capability determination for a competent adult requires lay evidence, medical evidence (if available), and proper documentation. You must document your capability determination and the details of your reasoning following the instructions in this section.

B. How do I document a capability determination?

When documenting a capability determination you must record all facts including:

  • •

    Lay evidence and medical evidence;

  • •

    Reports of contacts you completed in the electronic Representative Payee System (eRPS), Modernized Claims System (MCS), or Consolidated Claims Experience (CCE);

  • •

    Paper evidence to support your capability determination that you stored in the Non-Disability Repository for Evidentiary Documents (NDRed) using the Evidence Portal (EP), or in eView using EP or the eView application (Retention of Paper Material, see GN 00301.322); and

  • •

    A concluding statement that you determine the beneficiary is capable or incapable, the basis of your determination (what evidence you considered), and how those factors support your capability determination.

EXAMPLE: Complete capability determination

I conducted an in-person interview with Mr. Ryan Jones on 4/12/16. Mr. Jones was unable to answer most of my questions, including what their living expenses were and who paid their bills.

I spoke in-person to Mr. Jones' spouse (caretaker/custodian), Mrs. Susan Jones, on 4/12/16. Mrs. Jones stated that Mr. Jones is unable to manage their benefits or direct the management of their benefits and they have managed all their living expenses for the last two years. More details are in a report of contact in eRPS, dated 4/12/16.

I spoke on the phone to their social worker, Ms. Judith Porter, who stated they observeMr. Jones’s daily living activities two times a week. Ms. Porter stated Mr. Jones does not understand the concept of money and is unable to manage their finances to meet their daily needs. More details are in a report of contact in eRPS, dated 4/12/16.

I received a SSA-787, dated 4/14/16, from Dr. John Smith that indicates they last examined Mr. Jones on 3/15/16. Dr. Smith noted that Mr. Jones is incapable of managing their benefits or directing the management of their benefits. I stored the SSA-787 in NDRed using EP.

After evaluating the lay and medical evidence, I have determined Mr.

Ryan Jones does not understand the concept of money, how to manage finances, or direct the management of their benefits to meet their daily needs. Therefore, I have determined Mr. Ryan Jones is incapable.

The example clearly supports the FO technician’s capability development and determination as follows:

  • •

    Obtained lay evidence from Mr. Ryan Jones, Mrs. Susan Jones, and Ms. Judith Porter;

  • •

    Obtained Medical Evidence from Dr. John Smith;

  • •

    Evaluated both the lay and medical evidence;

  • •

    Provided the location of the detailed report of contact with Mrs. Susan Jones and Ms. Judith Porter;

  • •

    Provided the location of the scanned SSA-787 from Dr. John Smith; and

  • •

    Included a concluding statement.

C. Where do I document a capability determination?

You must document your capability determination in the following locations.

1. Case established in eRPS – Completing a representative payee application in eRPS

Follow these procedures when you are completing a representative payee application in eRPS, whether you select or not select the applicant to serve as the representative payee.

While in the eRPS application:

  1. a 

    Choose the “Add Note” link, per MS 074015.002;

  2. b 

    From the “Note Type” drop down choose “Bene Capability Determination”;

  3. c 

    Document the details of your capability determination in the “New Note” box; and

  4. d 

    Hit the “Save Note” button.

NOTE: Document all relevant legal, medical, and/or lay evidence in eRPS per MS 07409.017.

eRPS automatically saves your capability determination in the notes of the Summary section of the application and propagates your capability determination to the Beneficiary Details notes, so the determination is always associated with the beneficiary’s eRPS record.

For these cases, you view completed capability determinations:

  • •

    In the “Summary” section of the application, per MS 07409.022; and

  • •

    In “Beneficiary Details” notes, per MS 07415.002.

2. Case established in eRPS - No new representative payee application being completed in eRPS

Follow these procedures when there is an established beneficiary’s case in eRPS, but there is no new representative payee application in eRPS. This means in the past a representative payee application was completed in eRPS, so the beneficiary’s case is established in eRPS, whether the beneficiary still has a representative payee or not.

EXAMPLE: You may need to use this process when a beneficiary, who had a prior payee, is now in direct pay and a family member notifies SSA the beneficiary may need a payee again; however, the family member does not want to apply to be the payee. Based on the family member questioning capability, you develop the beneficiary’s capability and determine the beneficiary is still capable, so there is no new representative payee application in eRPS.

Add your capability determination by following these steps:

  1. a 

    Go to the “Beneficiary Details” screen per MS 07407.002;

  2. b 

    On the “Beneficiary Details” screen, choose the “Add Note” link, per MS 07415.002;

  3. c 

    From the “Note Type” drop down choose “Bene Capability Determination”;

  4. d 

    Document the details of your capability determination in the “New Note” box; and

  5. e 

    Hit the Save Note button.

IMPORTANT: Make sure you are on the Beneficiary Details screen before adding your capability determination so your capability determination is always associated with the beneficiary’s eRPS record.

View completed capability determinations in “Beneficiary Details” notes, per MS 07415.003.

3. Case not established in eRPS

Follow these procedures for all beneficiary cases not established in eRPS.

EXAMPLE:

  • •

    SSA approves a beneficiary for disability benefits and the state Disability Determination Services (DDS) provided an opinion that the beneficiary may need a representative payee; however, you develop for capability and determine the beneficiary is capable; therefore, there is no representative payee application or any previously established eRPS case for the beneficiary; or

  • •

    For cases where the representative payee does not have an SSN and the beneficiary has no prior eRPS case established.

a. For TII or concurrent cases

  • •

    Complete the “Report of Contact” (RPOC) in MCS.

  • •

    Write in the “Report” section, “CAPABILITY DETERMINATION” before adding the details of your determination, see MS MCS 008.007.

b. For TXVI only cases

  • •

    Complete the “Report of Contact page” in the Consolidated Claims Experience (CCE).

  • •

    Write in the “Report ” section “CAPABILITY DETERMINATION” before adding the details of your determination, see MS 07416.002.

c. Cannot establish a RPOC in MCS or Report of Contact in CCE

Use the paper Form SSA-5002 (Report of Contact) and store it in NDRed using EP or in eView using EP or the eView application.

 

 


GN 00502 TN 103 - Determining the Need for, Developing and Selecting a Representative Payee - 6/08/2026