What If Social Security Says I Need a Representative Payee? | Originally Posted 2/27/2013

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0:59 Welcome, and this is your Q and a Social Security disability today. I have your host, Attorney Anthony Reads. Let's get to your questions. What happens when Social Security mandates that I have a representative paying? All right, let me make one point abundantly clear for those persons who don't who are not aware social Security, there's nothing illegal about making you have a representative pay. I had person asked the question, what if they illegally mandate? I'm like, there's no such thing as an illegal mandate. And let me explain to you why I say that when Social security.

1:30 Social Security has a responsibility of two very fundamental things. One they got to make sure that you meet the requirements of Social Security disability benefits, and two they want to make sure that you have someone that can handle your money for you.

1:44 Accordingly, most instances, it's you.

1:47 But the reality is, when they're reviewing your medical evidence, there may be things in your file that gives them reason to believe that it may not be in your best interest to handle your money on your own.

2:03 And that's not doing.

2:04 Anything to persecute you, single you out, or bring drama to your life. It's because they want to make sure your money is being spent on your behalf.

2:12 Let me give you a good example. If you've got a past.

2:15 History of substance abuse, meaning you use drugs or alcohol, well guess what. They don't want you to take the disability benefits and go run and blow it on drugs or alcohol. They want you to use the money for things like you need, like I don't know, food, clothing, things of that nature. So that's why I stress to people whenever they get representative pays slapped on them, they get hot and I say, listen, this is not done to prosecute or persecute excuse me to persecute you. This is done because, for whatever reason, there's something in your file that gives them concern that you may not be able to You might not be the best person to handle your money now? Can you dispute that absolutely? What

2:55 you need to do is you need to ask Social Security now. And I know some of you are like that makes no sense. Pause for a second. For instance, Let's say you have a cognitive problem, like you know you got you had an auto accident, you had a dramatic brain injury, and you have problems with memory and things like that, and Social Security says, you know what, we don't want you double paying your bills or missing bills because you have memory issues. We think you need to have somebody handle your money. Well, maybe there's a You go to your neurologists and you ask your neurologists, where do you think I can handle my own finances.

3:23 Their neurologists say, yeah, you've got some memory problems, but I don't think your finances should be affected. Speak to Social Security because in some situation, note I don't I say some, not all. They may accept a medical determination meaning a doctor saying that you are okay to handle your funds as an acceptable substitute. Meaning if a doctor says I don't think see the problem, and some as the Social Security will say okay, Well, in that case, we're not gonna worry about it.

3:48 We think you can handle it on your own.

3:51 Social Security keep in mind people, and I don't want to be nasty when I say this. This is your money that we're talking about you and they want to make sure your money is being right now. Sometimes people get upset when they find that Social Security won't accept the representative pay that they have. Again, keep in mind when you are when they are picking somebody, When you're picking somebody to be a representative pay, that person is taking quote unquote fiduciary responsibility for your funds. In other words, they're saying, I'm gonna handle your funds right, and if I mess it up, y'all can come after me. Keep in mind, some people are not the best people to handle your funds. So let's just throw another example out there.

4:36 Let's say that you are determined to have a representative you need a representative pay. You bring a friend of yours who happens to have a drug history or a history of theft in crime. Oh, he ain't gonna let that person handle your money and as nothing personal. That's a that's a business move because they don't want you to be adversely affected because that person goes and blows your money on drugs. Because remember when they're saying they're gonna be representative pay, they are refue even your money on your behalf, and they want to make sure that that money is being spent accordingly. Okay, So in some instances, not only do they have to determine whether or not you should have a REPAI, but they also need to

5:15 make a determination of whether or not that individual who's handling your money is somebody who's in your best interest social securities. Some instances will have resources where they can connect you with individuals who do that. But I tell people all the time because and this is the thing that gets people frustrated, because what happens is that you figure, most of us have handled our finances and our funds for ourselves for a long period of time. It's degrading when we have someone tell us that, oh, I need somebody to handle your money.

5:42 That's the first strike.

5:43 And then when you're like okay, when you've gotten over that, you're somebody says to you, now I don't like that person, and you almost feel.

5:48 Like, well, I have no control of my own situation.

5:52 I know it's not easy, but keep this in mind. Social Security wants to make sure that your money is being handled appropriately. Hey, don't want anybody to screw your money up for you. So, despite how frustrated you may feel, don't take it personally. They're only doing it to look after your financial well being. I hope you enjoyed this edition.

6:15 Stay tuned and we come back. We'll tell you what show will be coming up next. On our next Q and A So Scary Disability Today, We're going to be talking about what happens when you go before disability Hearing Officer. Stay tuned for that one because you won't want to miss out again. This is Attorney Anthony Reeves and this is your Q and DA. So Scary Disability Today.

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