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After my father died two years ago my younger brother became my representative payee for my SSDI and he's doing a cr**py job. I think he's taking some of my money from time to time when he needs it. The thing is I want to get rid of him but I don't want him to get in trouble or go to jail. He and is wife both lost their job. So how can I do that and get a new representative payee?

Editor's Response

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.

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