SSDI representative payee problems?

For those who do not know, a representative payee is a person or organization that is authorized by the Social Security Administration to act as a sort of guardian or conservator for for person who receives Social Security benefits, such as SSDI, SSI, etc.  The payee is authorized to manage the benefits in accordance with regulations and the needs of the recipient.  SSA policy is to allow recipients to manage their own benefits, but a representative payee may be required in cased of legal or mental incapacity or extreme physical disability.

If your brother is breaking the law in his capacity as your representative payee, there is nothing you can do to absolutely shield him from possible criminal charges.  In any case, you need to replace him, now, for your sake and his.  And you may be able to do that without bringing his illegal conduct to the attention of the government. You might have a long chat with him, explain that you intend to replace him, and ask him to resign.  Let him give his own reason for the resignation to the SSA.  You can then ask the Social Security Administration to appoint a new payee.  Good luck.  For more information about SSDI, visit our Massachusetts Disability Law Discussion Forum.