Representative Payee
Disability Justice partners with the Social Security Administration (SSA), to help protect the rights of beneficiaries of Social Security or Supplemental Security Income (SSI). Specifically, we investigate issues related to individuals with disabilities who have a Representative Payee to help manage their Social Security or SSI, but that Representative Payee may be taking advantage of the person with a disability and misspending the Social Security funds.
The SSA’s Representative Payee Program provides benefit payment management for beneficiaries who need assistance with managing their Social Security or Supplemental Security Income payments. Generally, the SSA looks for family or friends to serve as Payees, but when friends or family members are not able to serve as Payees, the SSA looks for qualified organizations.
The Representative Payees are responsible for keeping records and, when requested, reporting how they spent the benefits received on behalf of a Social Security beneficiary or SSI recipient.
Securing Your Benefits
Do you receive Social Security or Supplemental Security Income? You may designate a representative payee (a friend, a family member, or an organization) to help manage your benefits.
The Social Security Administration imposes strict rules on representative payees. As Colorado’s Protection and Advocacy agency, we’re responsible for making sure that those rules are followed — and that your money is accounted for.
Protection and Advocacy System (P&As)
In 1977, Disability Justice was designated by Governor Lamm as the Protection & Advocacy (P&A) for Colorado. On April 13, 2018, President Trump signed the Strengthening Protections for Social Security Beneficiaries Act of 2018. This law directs state-designated P&A Systems to conduct all periodic onsite reviews of Representative Payees and investigate allegations of Payee misconduct. In addition, the P&A’s can conduct educational visits for new Representative Payees.
A review will determine if the Representative Payee has performed the following duties:
- Managed funds so the beneficiaries meet all their financial obligations and basic needs (rent, food, clothing, utilities, medical);
- Accounted for all funds received and spent;
- Saved any unspent funds in an appropriate manner; and
- Complied with Representative Payee accounting and reporting responsibilities.
Information for Beneficiaries, Legal Guardians, and Third Parties
To ensure satisfactory oversight of Social Security and SSI benefits, Disability Justice will conduct a home visit and interview of beneficiaries served by the Representative Payee selected for a review. If applicable, Disability Justice will also conduct an interview with legal guardians or third parties.
Results of Review
If the results of the review find that the Representative Payee has not fulfilled their duties, corrective action(s) may be required in order for the Representative Payee to continue to serve. If the review finds that no corrective action is required, the Representative Payee will receive a notice advising that the review is complete.
Related resources
Service/Assistance Animals Toolkit
Transition Plans: Preparing for Life After High School
A transition plan lists a student’s goals and the services they may need to prepare for adulthood. It also helps teach them the skills needed to live, work, and play in their community. The plan is created by an Individualized Education Plan team made up of the student, the guardian, and any person or organization that can provide or pay for services, such as the Colorado Division of Vocational Rehabilitation and Centers for Independent Living.
Transportation Access
Under the Americans with Disabilities Act (ADA), all types of transportation should generally be accessible to people with disabilities. Transportation includes things like buses, airplanes, trains, taxis, Ubers, and Lyfts. The ADA also says that transportation facilities like train stations, bus stops, airports, and sidewalks need to be usable by people with disabilities.
Control Over Personal Decisions: Guardianship, Conservatorship, and Other Options
Adults with disabilities have the right to make their own choices about healthcare, money, where to live, and who to spend time with. In Colorado, anyone who is 18 or older is an adult. This fact sheet explains adult guardianship and outlines options to protect an individual’s right to make their own decisions.
Public Entities: Access to Government Services
Federal, state, and local governments are not allowed to discriminate against people with disabilities. While federal government services are covered by the Americans with Disabilities Act (ADA) and Section 504, state and local government services are covered by the ADA and the Colorado Anti-Discrimination Act. If state and local government agencies get money from the federal government, they may also be covered by Section 504. For example, Colorado public schools are covered by the ADA, the Colorado Anti-Discrimination Act, and Section 504.
Behavioral Issues at School
If a student has behavior issues at school and the student has an Individualized Education Program (IEP) or 504 Plan, the school should follow this plan to provide supports to the student. If the student does not have an IEP or 504 plan and is getting in trouble a lot, has a hard time making friends, or is repeatedly removed from the classroom, the student should be tested to see if they need an IEP or 504 Plan.
Request Assistance
Your rights matter. Need help protecting them? Request assistance from one of our self-advocacy specialists.