Effective Dates: 05/23/2023 - Present Previous | Next

TN 84 (05-23)

GN 00502.105 Preferred Representative Payee Order of Selection Charts

CITATIONS:

20 CFR, Sections 404.2021, 416.621

The individuals or organizations shown in GN 00502.105A, GN 00502.105B, and GN 00502.105C, in this section, are shown in the preferred representative payee (payee) order of selection. After identifying a prospective payee applicant(s), you must review and evaluate each application to determine the most suitable payee for a beneficiary by following the instructions in:

  • •

    GN 00502.130 Factors to Consider in Evaluating Payee Applicants

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    GN 00502.132 Selecting a Qualified Representative Payee (RP)

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    GN 00502.133 Payee Applicant is a Felon or Fugitive or Has Been Convicted of Other Criminal Act

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    GN 00502.134 Payee Applicant Has Poor Past Performance

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    GN 00502.135 Payee Applicant is a Creditor

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    GN 00502.137 DDS Notification of Allegations That Could Cast Doubt on Payee Suitability

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    GN 00502.139 Additional Development/Considerations When Guardian Involved

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    GN 00502.159 Additional Considerations When Foster Care Agency is Involved

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    GN 00502.160 Additional Development/Considerations When an Institution is Involved

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    GN 00502.164 Payee Applicant for a Child is Also a Minor

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    GN 00502.181 Other Contacts to Evaluate Payee Applicant's Suitability

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    GN 00504.100 Determining the Need for a Successor Payee

For all payee applications, you must document your payee selection or non-selection determination per GN 00502.185. This includes, when applicable, an explanation of why an applicant lower on the preference list is the most suitable payee.

A. Preferred Payee For Minor Children

When the beneficiary is a minor child, select the most suitable payee available from this chart of preferred payees:

Preferred Order of Selection

Preferred Payee
First
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    Natural or adoptive parent who has custody of the beneficiary.

  • •

    Legal Guardian
Second

Natural or adoptive parent who does not have custody of the beneficiary, but is contributing toward the beneficiary's support and is demonstrating strong concern for the beneficiary's well-being.

Third Natural or adoptive parent who does not have custody of the beneficiary and is not contributing toward the beneficiary's support but is demonstrating strong concern for the beneficiary's well-being.
Fourth
  • •

    Relative who has custody of the beneficiary.

  • •

    Stepparent who has custody of the beneficiary.
Fifth

Relative who does not have custody of the beneficiary but is contributing toward the beneficiary's support and is demonstrating strong concern for the beneficiary's well-being.

Sixth
  • •

    Relative who does not have custody of the beneficiary but is demonstrating strong concern for the beneficiary's well-being.

  • •

    Close friend who does not have custody of the beneficiary but is demonstrating strong concern for the beneficiary's well-being.

Seventh
  • •

    Social service agency.

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    Custodial institution.
Eighth Any person or organization not listed in this chart who shows concern for the beneficiary, is suitable, able, and willing to act as payee.

B. Preferred Payee For Adults (Without a Substance Abuse Condition)

After you determine an adult beneficiary needs a payee and does not have a substance abuse condition as defined in GN 00502.105C, use this chart to select the most suitable payee available from this chart of preferred payees:

Preferred Order of Selection

Preferred Payee
First
  • •

    Spouse or other relative (e.g. parent, adult child) who has custody of the beneficiary or demonstrates strong concern for the beneficiary's well-being.

  • •

    Legal guardian or conservator who has custody of the beneficiary or demonstrates strong concern for the beneficiary's well-being.

Second

Friend who has custody of the beneficiary or demonstrates strong concern for the beneficiary's well-being.

Third
  • •

    Public institution (e.g. state institution) having custody of the beneficiary.

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    Nonprofit agency having custody of the beneficiary.
Fourth Private facility, operated for profit and licensed under State law which has custody of the beneficiary (e.g. private nursing homes, private assisted living facilities).
Fifth
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    Statutory guardian. For a definition of a statutory guardian, see GN 00502.139.

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    Voluntary conservator. For a definition of a voluntary conservator, see GN 00502.139.

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    Any person or organization, other than number 6 in this chart, who shows strong concern for the beneficiary, is suitable, able, and willing to act as payee.

Sixth Organization that charges a fee for providing payee services. For more information on payment for payee services, see GN 00506.000.

C. Preferred Payee For Adults with a Substance Abuse Condition

The electronic Representative Payee System (eRPS) provides Drug Addiction or Alcoholism (DAA) condition information on the "Claimant Entitlements" screen for a new payee application. For more information on this screen, see MS07409.018. After you determine a disabled beneficiary needs a payee and has a secondary diagnosis of a DAA condition, use this chart to select the most suitable payee available from this chart of preferred payees:

Preferred Order of Selection

Preferred Payee

First

Community-based nonprofit social service agency licensed (if required) by the state or bonded. For a definition of community based, see GN 00506.100B.2.a. The organization does not have to charge fees.

Second

Federal, state or local government agency whose mission is to carry out income maintenance, social service, or health care-related activities.

Third

State or local government agency with fiduciary responsibilities.

Fourth

Designee of a state or local government agency referred to in number 2 and 3 in this chart, if appropriate.

Fifth

Family member (e.g. parent, sibling, grandparent, adult child).
Sixth Legal guardian who has custody or shows strong concern for the beneficiary’s well-being.
Seventh Friend who has custody or shows strong concern for the beneficiary's well-being.
Eighth Nonprofit agency or institution who has custody.
Ninth Private facility, operated for profit and licensed under State law, which has custody of the beneficiary (e.g. private nursing homes, private assisted living facilities).
Tenth

Any person or organization not listed in this chart who shows concern for the beneficiary, is suitable, able, and willing to act as payee.

Do not select a payee applicant who might encourage or enable the beneficiary’s continued substance abuse, such as a friend who also suffers from a substance abuse condition.

D. Contacting a Prospective Payee Higher in Preference

If you become aware of a prospective payee that is a preferred payee equal to or higher in preference than the current applicant, you must contact the prospective payee to determine if they to file a payee application, before you make a payee selection determination. When you contact the prospective payee, only disclose the information listed in GN 03316.120A.1.

If the prospective payee does not want to file a payee application, document the current payee applicants pending application, using the Make Note screen in the Electronic Representative Payee System (eRPS), per MS 07415.002.

EXCEPTION: If you have convincing evidence that the prospective payee is clearly not a suitable payee choice, you do not need to contact them. Document the convincing evidence and your determination on the current applicants pending application using the Make Note screen in eRPS, per MS 07415.002.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200502105
GN 00502.105 - Preferred Representative Payee Order of Selection Charts - 05/23/2023
Batch run: 10/18/2024
Rev:05/23/2023