I've got a brother who gets SSDI for some problems he has with his back. He's not all there in my opinion and needs help managing the money because he spends it all on cigarettes wine and lottery scratch cards. Then he has no money and he has to ask his family for money to make it through until the next month. So how can I get a representative payee appointed so that he'll stop wasting money and asking me for loans?
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Representative payee
Sorry about your situation. You can try calling the Social Security Administration to talk to them about the issue and ask them about appointing a representative payee. However, I'm not sure it will do any good. SSA has a policy that assumes recipients of benefits are entitled to manage those benefits as they see fit. In some cases, either at the time benefits begin or at a later date, the SSA will appoint a representative payee if it finds that the recipient: (1) has been found legally incompetent by a court; (2) is mentally incompetent to the point of being unable to manage the benefits; (3) is so disabled that he is physically unable to manage his affairs or adequately direct another to manage those affairs; or (4) is under age 18 (with some exceptions).
If the SSA decides to look into the matter, they will consider all relevant evidence, including court findings, medical records, and statements of those who have insight into the situation, such as family members, friends, doctors, service providers, etc. Good luck.