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can you be forced to have a rep. payee
mish
Posted: Monday, July 23, 2012 8:11 AM
Joined: 6/21/2012
Posts: 439


I  received a letter  from ssdi  stating "disability approval"

BUT  the disability case examiner has determined  that I may require assistance in handling  my $

I need to come into their office - "we need to see you in person" 

and "bring a trusted relative or friend "

 

???

and I have to  go and meet them this week, I called my lawyer,   the association, and the association said to go  and  if I can call first     to see if I need no bring anything.

however-  I already have a POA  but he is overseas now.  I handle   finances. it is called online banking and autopay.  He  reviews everything, all the time. No matter where he is,  But he cant  be at the appointment for this week.

 when I checked the status  of the application it said still pending ( but that might  just be   information not up to date.)

However- my ssdi lawyer and MD did not send them any  new info  or  reports? and this letter   did not say anything anything else,   it was weird. 

any help? comments? suggestions?


Myriam
Posted: Monday, July 23, 2012 1:07 PM
Joined: 12/6/2011
Posts: 3326


mish, call Social Security to reschedule the appointment for a time when your POA returns from overseas.
Geegee
Posted: Monday, July 23, 2012 3:08 PM
Joined: 11/29/2011
Posts: 514


mish wrote:

I need to come into their office - "we need to see you in person" 

and "bring a trusted relative or friend "

 

mish, I agree that you need to call the SS office.  Explain to them that your POA is overseas.  Tell him when you may expect him to return.  If they need to see you before that time, (probably do) you can do as they recommended and take a family member or friend

 

???

and I have to  go and meet them this week, I called my lawyer,   the association, and the association said to go  and  if I can call first     to see if I need no bring anything. 

 

mish, are you referrening to the Alzheimer's Association?  If so, that is great that you called for their advice.   I would do what the Assn. and your attorney recommended.  

You manage your finances like I do, using online banking and auto pay.    I'll do that as long as I can manage.  

Good luck with your call and/or meeting this week.  Please keep us posted on the outcome.

 



Iris L.
Posted: Monday, July 23, 2012 4:37 PM
Joined: 12/15/2011
Posts: 18219


How long will your POA be overseas?  If a long time, you may need another, closer POA.

Myriam, correct me if I'm wrong, but I don't think the representative payee must be your POA.

Iris L.

Myriam
Posted: Tuesday, July 24, 2012 1:27 AM
Joined: 12/6/2011
Posts: 3326


Iris L. wrote:
Myriam, correct me if I'm wrong, but I don't think the representative payee must be your POA.
That's correct. There can be a POA for health care and a POA for finances. But a  Representative Payee is an individual or organization appointed by SSA to receive Social Security and/or SSI benefits for someone who cannot manage or direct someone else to manage his or her money. 
Geegee
Posted: Tuesday, July 24, 2012 9:36 AM
Joined: 11/29/2011
Posts: 514


Myriam, thank you so much for that explanation.  It helps me understand why the SSA was getting involved in mish's daily financial management.  Is the SSA's intervention occuring to assure them that their SS checks are deposited correctly?
mish
Posted: Tuesday, July 24, 2012 9:43 AM
Joined: 6/21/2012
Posts: 439


he cant get back sooner, he is on a trip until sept.   -he is both  my health care and my financial. I have backups  but out of town also.   (I know I need to get one in state) if it were an emergency  they would be here asap. but I do need one in state.   and yes i was referring to the  the alz. ass. and  she cant come with me.   i do not want a rep payee that is the problem-  everything is taken care of with autopay and online checking.    can they force me is the question? also,   the letter said disability approval. does it really mean approved or can they change their mind after they see me? no amount or anything was stated. it was not a formal award letter.  i called s.s.   a few times and left messages and again today,  I scheduled a call back.  did this happen to anyone else this type of letter/
mish
Posted: Tuesday, July 24, 2012 9:44 AM
Joined: 6/21/2012
Posts: 439


wont be until sept. and I only have until end of this week
Geegee
Posted: Tuesday, July 24, 2012 9:54 AM
Joined: 11/29/2011
Posts: 514


mish, I just read one of your posts from Friday that reminded me of your DH's attitude and possibility of having him leave the marriage. 

 

In light of those circumstances, you need guidance on how to handle your POA and his possible appointment as your financial rep. 

 

Miriam, is this something mish should be sure to explain to the SSA at her appointment?  If the government gets involved to make a representative appointment, can that complicate her financial issues? 

 

Did you discuss with the Alz. Association the possibilty of having a social worker? 

 

This is out of my area of expertise...big time. .LOL.   But you definately need guidance.  You also made a statement in the "Norm. Batttles..." thread.  You said your attorney isn't available enough.  That is an issue unless there is someone in that firm that can be assigned to help you>   


Iris L.
Posted: Tuesday, July 24, 2012 11:41 AM
Joined: 12/15/2011
Posts: 18219


mish wrote:
   i do not want a rep payee that is the problem-  everything is taken care of with autopay and online checking.    can they force me is the question?
also,   the letter said disability approval. does it really mean approved or can they change their mind after they see me? no amount or anything was stated. it was not a formal award letter.  i called s.s.   a few times and left messages and again today,  I scheduled a call back.  did this happen to anyone else this type of letter/

1.  I don't know if SSA can force you to have a representative payee.  Tell them what you said, you can handle direct deposit and you pay your own bills by online checking. 

Also, look into automatic debit from your checking account for your utility bills (gas, electric, telephone).  I find this to be extremely helpful.

2.  A formal award letter will have your monthly stipend listed. 

I don't believe they can change their mind after seeing you in the office.  Don't they have your medical reports and the report of their own medical consultants?

Iris L

Myriam
Posted: Tuesday, July 24, 2012 8:51 PM
Joined: 12/6/2011
Posts: 3326


Mish, when SSI returns your call, tell them you want to change the appointment to sometime in September when your POA returns from overseas. Tell them you want him to be your representative payee.


If that doesn't work, don't go to your appointment by yourself. Take someone with you who understands what's going on and can speak on your behalf if the discussion becomes confusing. At that time tell them you want the person who is overseas to be the Rep Payee. Do you have someone who can go with you?


Here is why SSI wants you to have a Rep Payee (from the SSA website):


A representative payee is an individual or organization appointed by SSA to receive Social Security and/or SSI benefits for someone who cannot manage or direct someone else to manage his or her money. The main responsibilities of a payee are to use the benefits to pay for the current and foreseeable needs of the beneficiary and properly save any benefits not needed to meet current needs.  A payee must also keep records of expenses.  When SSA requests a report, a payee must provide an accounting to SSA of how benefits were used or saved.

NOTE: Having power of attorney, being an authorized representative or having a joint bank account with the beneficiary is not the same thing as being a payee. These arrangements do not give legal authority to negotiate and manage a beneficiary’s Social Security and/or SSI payments. In order to be a payee a person or organization must apply for and be appointed by SSA.


Geegee
Posted: Wednesday, July 25, 2012 10:55 AM
Joined: 11/29/2011
Posts: 514


Myriam wrote:

 

These arrangements do not give legal authority to negotiate and manage a beneficiary’s Social Security and/or SSI payments.

Myriam,  HELP! 
My little AD brain is not understanding this one statement.
If mish's DH is appointed, thenit seems like he would be able to manage her SSI money and save what is left over.  Maybe I'm not seeing it right.
My concern about her asking the SSA to appoint her DH is because he is not so "dear" in the husband category.  It's my understanding that he last left her emotionally but has not moved out yet. 
 If they are on unrocky grounds like that, should he be given authority to control her SS money?  (He probably already has joint authority with banking that may need to be addressed as a concern. ) ??  
Mish, I hope you have at least contacted them to resechedule for a time that "someone" can go with you.  This must be very hard for you and we do understand the stress it's causing. 
Hang in there.  We truly mean to be there for you and not overstep in  any areas that we we don't think you have asked for help in. 


Geegee
Posted: Wednesday, July 25, 2012 11:04 AM
Joined: 11/29/2011
Posts: 514


mish, please call the Alz. Helpline and ask for a Care Consultant.  Tell them the situation with SSA.  See what they can do on your behalf or what advice they have to give you. 

You need to talk to someone who has experience with SSA and AD or dementias.  We have Care Consultants with Masters Degree training to help you.  Please don't hesitate to call them at any time.  That is why they are there!

1-800-272-3900


mish
Posted: Wednesday, July 25, 2012 11:16 AM
Joined: 6/21/2012
Posts: 439


update-   it might be helpful to all: I

called the  SS administration and explained the situation re.  my accounts being auto, and my POA  overseas and  my  husband  etc.   everything.  I had to go to the local office in person before the weeks end  and had to bring someone with me.  They (the local office) would ask me  questions and determine if I needed a rep. payee. IF they would  deem I needed a payee , they would ask me who I wanted and then  they would interview them face to face.  But  nothing  could  go further or processed  until I   go  down to the local office.


Myriam
Posted: Wednesday, July 25, 2012 11:27 AM
Joined: 12/6/2011
Posts: 3326


Geegee wrote:
Myriam wrote:

 

These arrangements do not give legal authority to negotiate and manage a beneficiary’s Social Security and/or SSI payments. 

Myriam,  HELP!  
My little AD brain is not understanding this one statement.  
If mish's DH is appointed, thenit seems like he would be able to manage her SSI money and save what is left over.  Maybe I'm not seeing it right. 
 
My concern about her asking the SSA to appoint her DH is because he is not so "dear" in the husband category.  It's my understanding that he last left her emotionally but has not moved out yet.  

Geegee, this is my understanding. Social Security requires the appointment of a Rep Payee when they believe the recipient is not able to manage her funds. It appears that SS has determined that Mish is unable manage her funds, so is requiring a Rep Payee, which could be her husband or anyone else Mish wishes to manage the funds. When Mish meets with SS, she can let them know whom she prefers to be the Rep Payee. 

 

A power of attorney for finance works for banks, paying bills, investments, etc.,  but not for dealing with Social Security.

 

 


mish
Posted: Wednesday, July 25, 2012 11:28 AM
Joined: 6/21/2012
Posts: 439


So I went to the local office and had to bring   DH and Gee Gee thank you so much connecting the dots re. him.   And  they brought me  to a back room (I was like SERIOUSLY? another test?) lol  anyway, she sat down and right away   took out the form and ask me who I wanted as my rep. payee. I was   like hold the phone there  woman!  I   showed her the letter and said that   nothing stated I 100% needed a rep. payee,   and I explained things and bottom line was she let me  handle my own finances without a payee.  

 


Iris L.
Posted: Wednesday, July 25, 2012 12:04 PM
Joined: 12/15/2011
Posts: 18219


Yippee!

Iris L.


Geegee
Posted: Wednesday, July 25, 2012 1:39 PM
Joined: 11/29/2011
Posts: 514


Whew!  That's great news.  I know you must be glad THAT is over. 
mish
Posted: Thursday, July 26, 2012 7:20 AM
Joined: 6/21/2012
Posts: 439


thank you all but  I have learned, esp.  with the gov. - until i see it.    which she said  will be  next month, I am not  getting  too excited.

but I really do want to thank you for all your help- appreciated from the  bottom of my heart.


RebeccaJ
Posted: Thursday, July 26, 2012 8:15 AM
Joined: 4/19/2012
Posts: 83


Mish, Do you have FTD? I have to have a payee rep because the FTD causes me to be irresponsible, like OCD, and time management is impossible. Auto pay is fantastic! If my husband wan't responsible I don't know what I would do. Ugh.

I don't know how different it is with AD.


Iris L.
Posted: Thursday, July 26, 2012 11:42 AM
Joined: 12/15/2011
Posts: 18219


Rebecca, you gave me a good idea.  Everyone needs time management tips.  I think our topic for the chat on Sunday will be time management tips.  What do you think of this idea?

Iris L.


Geegee
Posted: Thursday, July 26, 2012 12:03 PM
Joined: 11/29/2011
Posts: 514


Hi Iris,

I'm not Rebecca but that sounds like a good idea to me.


mish
Posted: Friday, July 27, 2012 2:43 PM
Joined: 6/21/2012
Posts: 439


My dx  has gotten alot more complicated since the tap and new MRI has  come back.   still trying to wrap my    head around it.   that is why he tried the exelon patch.
 
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