[WSBAPT] Social Security Retirement Benefits after Incapacity

[Andrekita Silva]

Law Office of F. Andrekita Silva 
______________________________________________________________ 

November 3, 2023 

Laura, 

The retiree should be able to receive their funds whether or not they are incapacitated. However, it is not enough to simply have a power of attorney in order to become the retiree's payee. 

One must be appointed as a "Representative Payee" by completing the SSA form SSA-11 bk.  This is a "Request to be Selected as Payee" form.  That form can be found on third party sites but for some reason, it's not list on the SSA site.  An easy way to get this form is for the person to go, in person, to the SSA office. The SSA Officer will fill out the form while the applicant is there. 

In my experience, it can take a couple months after submitting an application. If the SSA stopped the payments for some reason, like if they thought the person was not competent to manage their money, the Representative Payee can request back payments once they are appointed. 

andrekita 

Law Office of F. Andrekita Silva 
1325 Fourth Avenue, Suite 940 
Seattle, Washington 98101-2509 
206-224-8288 
ak at seattle-silvalaw.com 
www.seattle-silvalaw.com 

On 2023-11-03 13:46, Laura Latta wrote: 

> Has anyone heard of difficulty with the continuation of social
> security retirements after a retiree is incapacitated? Specifically,
> with the agent under a power of attorney for the retiree having
> difficulty collecting benefits on behalf of the retiree? Is it
> necessary for SSA to have the retiree's PCP information on file in
> advance? I've heard rumblings about this, perhaps as some kind of
> fraud protection, but I can't seem to find any more information.
> 
> Laura Latta
> Law Office of Laura Latta PLLC
> 
> she/her
> 
> Phone (206) 841-2344
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> www.LauraLatta.com [1] [1 [1]]
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> 4010 Lake Washington Blvd. NE Ste. 202
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> Kirkland, WA 98033
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