MAKE IT EASY FOR YOUR FAMILY TO WORK WITH SOCIAL SECURITY
by Elder Law Attorney Lora Johnson, Johnson and Ashworth P.L.L.C.
Durable Financial Powers of Attorney are documents authorized under state law allowing one to predetermine his or her own financial decision-makers. Anything federal like the U.S. Department of Veterans Affairs or the Social Security Administration will have its own process to follow. Until fairly recently, one had to wait until incapacitated to have someone appointed as Representative Payee through Social Security, allowing that person to represent the incapacitated person’s interests with the Social Security Administration.
Recently, the Social Security Administration has added an option to predetermine who one wishes that person to be.
The Social Security Administration (SSA) allows eligible individuals to designate up to three people in advance to potentially serve as their representative payee if they later become unable to manage their benefits. This process, called Advance Designation, is available for adults and emancipated minors who are receiving or applying for Social Security or SSI benefits and do not currently have a representative payee.
Here’s how it works:
- Eligibility:
Individuals must be at least 18 years old or an emancipated minor and must either be receiving or applying for Social Security or SSI benefits, with no current representative payee.
- Online or in Person:
You can submit your advance designation through your mySocialSecurity account, by phone, or by completing Form SSA-4547 and submitting it to the SSA.
- Priority Order:
When designating individuals, you can list them in order of preference. If the need arises, the SSA will consider your chosen individuals in the order you listed them.
- Annual Notification:
The SSA will send you an annual notice with the names of your designated individuals.
- SSA’s Review:
If you later need a representative payee, the SSA will review your advance designation and consider your chosen individuals, but it will also conduct its own evaluation to ensure suitability.
Key things to know:
- Advance designation does not automatically appoint a representative payee. It’s a preliminary step to help the SSA identify potential candidates when needed.
- You can update or withdraw your advance designation at any time.
- The SSA will still fully evaluate any designated individuals to ensure they meet the requirements to serve as a representative payee.
- You can find more information and access the necessary forms on the SSA website.