Decide undue hardship on a case-by-case basis. Common examples of undue hardship include:

• •

  an applicant lives too far from the FO, and a field visit is not possible;

• •

  work prevents the applicant from visiting the FO during regular business hours; or

• •

  an applicant comes into the local FO, but due to workload in the FO that day, the applicant would have an unacceptably long wait for a face-to-face interview.

You always have the discretion to require a subsequent face-to-face interview whenever you determine such an interview is necessary to protect the beneficiary’s interests (e.g., there is a question about the payee’s past performance or compliance with reporting requirements).

You must conduct a face-to-face interview if the:

• •

  payee applicant has a history of misuse or has been convicted of any crime listed in GN 00502.133A.4., or

• •

  the applicant is residing in the United States but does not have a Social Security number (SSN). For information on verifying the SSN, see GN 00502.117A.1.

NOTE: Any payee applicant, who previously satisfied the face-to-face interview requirement during a prior payee application, does not need to appear for another face-to-face interview if the applicant does not meet any of the limitations above.

Conduct a telephone interview for an individual payee applicant, if a face-to-face interview is not required or an undue hardship exists and if you can verify the applicant’s identity over the phone by confirming information on their NUMIDENT. For information on exceptions to the face-to-face interview, see GN 00502.113B.

Use the process on establishing identity outlined in GN 00203.020A.2.

In the eRPS, enter “by phone” on the SSA-11 Application-Introduction screen (MS 07409.002) and “ID verified via NUMI” in the Type of Applicant ID field on the Proof of Applicant's Identity screen (MS 07409.011) in the application path.

For an organizational payee applicant, if a face-to-face interview is not required, conduct a telephone interview if you can verify the applicant’s identity over the phone:

• •

  Ask the employee of the organization for their name and job title.

• •

  Ask the employee who will be managing the funds.

• •

  Use the Rep Payee Applicant “Note Type” on the Make Note screen (MS 07415.002) to document this information in eRPS;

• •

  Verify the name of the organization;

• •

  Verify the organization’s address; and

• •

  Verify the organization’s Employer Identification Number (EIN).

For an individual payee applicant, if a face-to-face interview is not required or an undue hardship exists, you may conduct an interview via VSD or approved agency video technology if you can verify the applicant’s identity by confirming information on their NUMIDENT.

Use the process on establishing identity outlined in GN 00203.020A.2.

Enter “By video” on the SSA-11 Application-Introduction screen (MS 07409.002), “ID verified via NUMI” in the Type of Applicant ID field on the Proof of Applicant's Identity screen (MS 07409.011) in the eRPS application path.

For an organizational payee applicant, if a face-to-face interview is not required, conduct an approved agency video technology interview if you can verify the applicant’s identity:

• •

  Ask the employee of the organization for their name and job title. Document this information on the Make Note screen in eRPS;

• •

  Verify the name of the organization;

• •

  Verify the organization’s address; and

• •

  Verify the organization’s EIN, see GN 00502.118.

If the applicant does not self-disclose a barred crime or have a PUPS or Fugitive Felon record, ask them for permission to conduct a criminal background check when you are on the Permission for Background Check screen (MS 07409.014) in eRPS.

Do not conduct a criminal background check or ask for permission to conduct a background check for the following representative payee applicants:

• •

  Custodial parent of the minor child for whom the individual applies to serve;

• •

  Custodial spouse of the beneficiary for whom the individual applies to serve;

• •

  Custodial grandparent of the minor child for whom the individual applies to serve;

• •

  Custodial parent of an adult beneficiary who has a disability which began before the beneficiary attained age 22, for whom the individual applies to serve;

• •

  Custodial court-appointed guardian of the beneficiary for whom the individual applies to serve; or

• •

  A parent who was previously payee for their minor child and the child turned age 18 and continues to be eligible for benefits.

NOTE: If the payee applicant self-discloses, or we find out through our systems (eRPS or fugitive felon), that the payee applicant was convicted of any of the 12 felony crimes listed in GN 00502.133A.4 do not conduct a criminal background check. Follow procedures found in GN 00502.133B to complete the payee application to non-select. If the applicant self-discloses a felony that is not a barred crime, you must still run a background check. PUPS information is important for knowing how long the applicant was confined, but it does not give the specific crime committed.

If the payee applicant gives permission to conduct a criminal background check, take the following actions:

1. 1. 

   Use eRPS, following the procedures in GN 00502.113D.3, to obtain criminal background information.

2. 2. 

   After conducting the criminal background check through the eRPS:

   • •

     If the individual does not have a criminal history, proceed with the application.

   • •

     If the individual does have a criminal history, follow the procedures in GN 00502.113D.3 in this section.

For more information on processing applications in the eRPS, see GN 00502.110.

If a payee applicant refuses to give permission to conduct a criminal background check, we are unable to determine if we would bar them from serving as payee; therefore, take the following actions in the order below:

1. 1. 

   Use the Rep Payee Applicant "Note Type" on the Make Note screen to document that the "applicant did not give permission to conduct a criminal background check";

2. 2. 

   Process the application in eRPS and non-select the payee applicant; and

3. 3. 

   Use “Other” as the non-select reason and document “applicant did not give permission to conduct a criminal background check.”

If the applicant leaves before attesting to the application, take the following actions in the order below:

• •

  Use the Rep Payee Applicant "Note Type" on the Make Note screen to document the circumstances of the interview and your findings regarding criminal history; and

• •

  Use “Incomplete” as the non-select reason.

If the applicant has a PUPS record on the Prisoner Information screen (MS 07410.004) or fugitive felon record on the Fugitive Felon information screen (MS 07410.003) in the eRPS:

1. a. 

   You must discuss and document the PUPS/Fugitive Felon information with the payee applicant; and

2. b. 

   Explain to the applicant that our records indicate they were incarcerated on (fill in the date), or that we have information showing they have an unsatisfied felony warrant.

Below is a list of sample questions that may help elicit additional information about any criminal history necessary to make a sound suitability determination:

• •

  What crime were you convicted of?

• •

  Was anyone injured because of the offense?

• •

  What was your sentence?

• •

  Did you serve any jail time?

• •

  Were you released from prison early due to “good behavior?”

• •

  Were you placed on probation or parole?

• •

  Were you ordered to pay restitution to anyone because of the offense?

• •

  Have you been arrested since this conviction? If so, when was the arrest and what was it for?

• •

  Has your current case been resolved? If not, are you awaiting a trial date?

If a payee applicant refuses to answer questions regarding their PUPS or fugitive felon history, then we are unable to determine if we would bar them from serving as payee. Therefore, take the following actions in the order below:

1. 1. 

   Use the Rep Payee Applicant "Note Type" on the Make Note screen to document that the “applicant refuses to respond to questions about their criminal history”;

2. 2. 

   Process the application and non-select the applicant in eRPS;

3. 3. 

   Use “Other” as the non-select reason and document “applicant refuses to discuss criminal history.”

If a payee applicant denies ever being incarcerated, follow the instructions outlined in GN 02607.760B.1.bD for applicants who receive T2 or T16 benefits and have a PUPS record.

If an applicant is not receiving T2 or T16 benefits, follow the instructions in GN 02607.890C for deletion of a PUPS skeleton record (GN 02607.520).

After discussing the PUPS or Fugitive Felon information with the payee applicant, answer the Permission for Background check question in eRPS (For more information on the Permission for Background Check screen, see MS 07409.014.

If the payee applicant gives permission to conduct a criminal background check take the following actions:

1. 1. 

   Use eRPS to obtain criminal background information following the procedures in GN 00502.113D.3 in this section; and

2. 2. 

   After conducting the criminal background check through eRPS:

   • •

     If the individual does not have a criminal history, proceed with application.

   • •

     If the individual does have a criminal history, follow the procedures in GN 00502.113D.3 in this section.

If a payee applicant refuses to give permission to conduct a criminal background check, then we are unable to determine if we would bar them from serving as payee. Therefore, take the following actions in the order below:

1. 1. 

   Use the Rep Payee Applicant "Note Type" on the Make Note screen to document that the “applicant did not give permission to conduct a criminal background check”;

2. 2. 

   Process the application and non-select the applicant; and

3. 3. 

   Use “Other” as the non-select reason and document “applicant did not give permission to conduct a criminal background check".

If the applicant leaves before attesting to the application, take the following actions in the order below:

• •

  Use the Rep Payee Applicant "Note Type" on the Make Note screen to document the circumstances of the interview and your findings regarding criminal history; and

• •

  Use “Incomplete” as the non-select reason.

Do not conduct a criminal background check on a payee applicant if the applicant self-discloses a barred crime, or we find out through our systems (eRPS or fugitive felon) that the payee applicant was convicted of:

• •

  one of the 12 felony crimes listed in GN 00502.133A.4; or

• •

  attempt or conspiracy in connection with one of the 12 felony crimes listed in GN 00502.133A.4.

Do not conduct a criminal background check on the following payee applicants:

• •

  Custodial parent of the minor child for whom the individual applies to serve;

• •

  Custodial spouse of the beneficiary for whom the individual applies to serve;

• •

  Custodial parent of an adult beneficiary who has a disability which began before the beneficiary attained age 22, for whom the individual applies to serve;

• •

  Custodial grandparent of the minor child for whom the individual applies to serve;

• •

  Custodial court appointed guardian of a beneficiary for whom the individual applies to serve; or

• •

  A parent who was previously payee for their minor child, who has since turned age 18, and continues to be eligible for benefits.

To conduct a background check for all other individual payee applicants take the following actions in the order below:

1. 1. 

   Ask the payee applicant the permission to conduct a criminal background check question on the Permission for Background Check screen in eRPS;

2. 2. 

   Select the Background Check tab on the Permission for Background Check screen;

3. 3. 

   Discuss and verify the criminal information on the Background Check Results screen with the payee applicant;

4. 4. 

   Follow the policy in GN 00502.132A.2 to select a qualified payee when the applicant has past criminal history;

5. 5. 

   If the applicant was convicted of any of the twelve crimes, as described in GN 00502.133A.4, take the following steps to “non-select” the payee applicant in the order below:

   a. Complete the payee application process (taking the application, printing the application, and having the applicant attest);

   b. Non-select the applicant on the Rep Payee Selection-Decision screen;

   c. Select “Barred Crime (1 of 12 barred crimes)" as the non-selection reason; and

   d. Document the applicant’s criminal history on the Rep Payee Applicant "Note Type" on the Make Note screen.

The questions outlined in GN 00502.113D.2 in this section may help elicit additional information from the applicant.

If you need further documentation about the applicant’s criminal history, follow instructions in GN 00502.117B.3.

If the applicant has a criminal history based on the information obtained from the Background Check Results screen, and you are unsure whether the crime is a barred crime, you must review the barred crimes state digest in GN 00502.301. This digest breaks down the barred crimes based on the state or territory where the crime was committed.

If the Background Check Results screen indicates an applicant was arrested for a crime, but the applicant does not provide any conviction information, you must ask if they have been convicted of the crime:

• •

  If the applicant says “Yes,” use the Rep Payee Applicant "Note Type" on the Make Note screen to document the applicant’s answers about their conviction;

• •

  If the applicant says “No,” follow procedures in GN 00502.117B.3.a. to verify the status of the arrest and any conviction;

• •

  If you need additional time to analyze the criminal background information before you discuss the information with the applicant, continue with the payee application and inform the applicant that you will contact them later to discuss the results of the criminal information from the Background Check Results screen.

NOTE: If the applicant indicates the arrest information is erroneous, follow the procedures in GN 00502.117B.3.c.

You must explain to the payee applicant that:

• •

  representative payees must receive Social Security or Supplemental Security Income payments via direct deposit or direct express card. For exceptions to direct deposit, see GN 02402.001. For more information on direct deposit for title II and title XVI, see GN 02402.002.

• •

  benefits deposited directly into a bank account must reflect the beneficiary’s ownership of the funds and the payee’s fiduciary relationship. For more information on direct deposit for representative payee cases, see GN 02402.055.

NOTE: The preferred account title for someone who is the payee is (Name of Beneficiary) by (Name of Payee), Representative Payee. For other examples, see the information on conserving benefits in a savings or checking account in GN 00603.010. For information on foreign savings accounts legends, see GN 00603.015. For additional information see, Account titles GN 02402.050 and Direct Deposit for Representative Payee Cases GN 02402.055

Use the Rep Payee Applicant "Note Type" on the Make Note screen to document the following information (MS 07415.002):

• •

  the date of the interview;

• •

  your judgments about the payee applicant’s qualifications and suitability (GN 00502.185);

• •

  a statement that you explained the payee’s responsibilities; and

• •

  a statement that you explained the proper use of benefits.

Use the Rep Payee Applicant "Note Type" on the Make Note screen to document the following information (MS 07415.002):

• •

  why a telephone or approved agency video technology interview was conducted (i.e., circumstances of the undue hardship or how the interview met the criteria of the other exceptions listed in GN 00502.113B in this section);

• •

  the date of the interview;

• •

  your judgments about the payee applicant’s qualifications and suitability (GN 00502.185);

• •

  a statement that you explained the payee’s responsibilities; and

• •

  a statement that you explained the proper use of benefits.

NOTE: If no eRPS record has been established (e.g., a case where the applicant is an undocumented alien parent payee without an SSN), document a Form SSA-5002 (Report of Contact). Store the SSA-5002 in eView using the Evidence Portal (EP) or the eView application, or in the Non-Disability Repository for Evidentiary Documents (NDRED) using the EP.