[WSBAPT] SSDI Representative Payee for Heir of Estate

[Marcus Fry]

David:
I do not know if SSA rules allow for the appointment of back up rep payee.  That would be a terrific idea for SSA to implement.  Barring some rule allowing it, your client would need to be appointed guardian of the estate and can then appoint a standby guardian.  SSA will recognize the guardian and then the standby once the standby takes over without needing to obtain C’s consent.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Friday, October 30, 2020 3:24 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] SSDI Representative Payee for Heir of Estate

Good afternoon:

Situation: (C)lient has a disabled adult (S)on. C is the current SSA Representative Payee for S's SSDI payments. C is elderly and concerned about the appointment of a successor Rep Payee at C's death. C's Will creates a Supplemental Needs Trust for S with C's accountant as the Trustee and C wants to have the the same person who is appointed Trustee serve as successor Rep Payee (obviously the SNT as Rep Payee would create complications with the commingling of S's assets. I have reviewed the SSA's rules regarding the appointment of a Representative Payee and haven't found anything conclusively stating whether or not C can nominate/appoint a successor Rep Payee, or what the mechanism would be; instead, the rules just make reference to the disabled beneficiary appointing their own Rep Payee.

Does anyone have any thoughts on how to address this complication? Is there a process for nominating a successor Rep Payee now rather than having to wait until C is unable to continue serving, and can C do that?

Thank you.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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