If the alleged abuser is the payee applicant, determine whether they can still be
considered a suitable candidate using normal investigation procedures found in GN 00502.100 - GN 00502.164.
DDS reports that the beneficiary has been physically abused by their daughter, who
has applied to be their parent's payee. During the payee interview you learn that
the beneficiary resides in the payee applicant's home and the payee applicant takes
care of all the beneficiary's needs. The payee applicant has no felony convictions
and has never served as payee before. The beneficiary, who was present throughout
the interview, agreed that their daughter be named their payee. In this example, the
payee applicant would be considered suitable notwithstanding the allegation of abuse.
Where possible, FOs should question the beneficiary alone to ensure that
the beneficiary agrees with the payee selection.
DDS reports that the beneficiary was physically abused while residing in a nursing
home. The nursing home, which is an unlicensed board and care facility and a creditor
of the beneficiary, has filed to be payee. In this example, the payee applicant would
not be considered suitable.
a. Payee Applicant is Considered Suitable
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If you decide that the payee applicant is suitable:
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Conditionally appoint them AND schedule a 3-month followup per GN 00504.185.
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Contact the beneficiary and payee to determine if current needs are being met and
if the payee is performing satisfactorily, bearing in mind the sensitivity of the
alleged abusive situation.
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Contact neighbors, local officials and school officials, as you deem necessary.
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At the completion of the 3-month followup, take one of the following actions:
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Determine that the payee is proper and additional followups are unnecessary.
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Continue to question the payee's suitability and schedule an additional followup.
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Determine that benefits are not being disbursed for the use and benefit of the beneficiary.
Develop for an alternative payee and prepare a misuse determination in accordance
with GN 00604.030. Report abuse situations as explained in GN 00502.138C.
b. Payee Applicant is Not Considered Suitable
If your review and the information provided by the DDS confirms the applicant's unsuitability,
develop for an alternative payee. Use the Rep Payee Applicant “Note Type” on the Make
Note screen to document your decision.