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Can a payee make the decision to withhold funds? If a

Can a payee make...

Can a payee make the decision to withhold funds?

Accountant's Assistant: The Retirement Accountant will know how to help. Please tell me more, so we can help you best.

If a recipient of SSI benifts has a payee, does that payee have the right to withhold funds for a reason that has not been explained?

Accountant's Assistant: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits properly. Is there anything else the Retirement Accountant should be aware of?

The recipient has a POA that is now handling all financial business. if there is a dispute between the payee and the POA, who has the authority to settlethis?

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Answered in 29 minutes by:
3/18/2018
Loren
Loren, Attorney
Category: Social Security
Satisfied Customers: 38,737
Experience: Attorney
Verified

The representative payee can not misuse SSI funds by diverting them to their own account or otherwise misappropriating them.

A Representative Payee must apply the payments for the use and benefit of the entitled individual. The funds should be spent on the beneficiary’s current and reasonably foreseeable needs. The needs should be immediate and essential.

Examples of properly disbursed benefits are:

  • Food
  • Clothing
  • Shelter
  • Utilities
  • Medical care and insurance
  • Dental care
  • Personal hygiene
  • Education
  • Rehabilitation expenses

If there are funds left over once the beneficiary’s current needs are met, the representative payee must save and/or invest the remaining funds in trust for the beneficiary.

Representative Payees cannot:

  • Use a beneficiary’s funds for their own personal expenses, or spend funds in a way that would leave the beneficiary without necessary items or services (housing, food and medical care)
  • Put a beneficiary’s Social Security or SSI funds in the Representative Payee’s or another person's account
  • Keep conserved funds once they are no longer a Representative Payee for the beneficiary
  • Charge the beneficiary for services unless authorized by the Social Security Administration to do so.

If you feel the Representative Payee has in some fashion misused the benefits being issued for the beneficiary, contact the OIG Fraud Hotline.

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Customer reply replied 4 months ago
If the recipient has a power of attorney that is handling all of their financial business does the payee have the right above the power of attorney to make such decisions on how to use funds for the recipient

Yes, if the POA so provides in the powers granted to the attorney in fact.

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If the POA grants powers the principal no longer wishes the other to have, the principal could also revoke the POA, if they are competent, and the POA is not, for some reason, irrevocable.

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Customer reply replied 4 months ago
Ok not quite sure if I understand it all. So the payee has more authority than the POA correct?
They serve different purposes.
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The representative payee is only concerned with Social Security.
The attorney-in-fact has as much power as the POA gives.
They are different but not necessarily contradictory.
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Customer reply replied 4 months ago
Do the law state that if payee has changed the money that is saved will be sent back to SS rather than go into savings or to the new payee
Presumably, the savings are being held in trust and are being invested for the benefit of the principal. Therefore, any savings should be transferred to the control of the new payee or another designated fiduciary.
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Did you have further questions? Have I answered your question? Please let me know.
Ask Your Own Social Security Question
Customer reply replied 4 months ago
I do believe that you answered my questions. Thank you
You are very welcome.
If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
There is no additional charge to you for rating me favorably.
A bonus is not expected, but is always appreciated.
Thank you for using JA.
Loren
Loren
Loren, Attorney
Category: Social Security
Satisfied Customers: 38,737
Experience: Attorney
Verified
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