Advance Designation of Representative Payees for Social Security Beneficiaries

Published date11 February 2020
Record Number2020-02409
SectionRules and Regulations
CourtSocial Security Administration
Federal Register, Volume 85 Issue 28 (Tuesday, February 11, 2020)
[Federal Register Volume 85, Number 28 (Tuesday, February 11, 2020)]
                [Rules and Regulations]
                [Pages 7661-7665]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-02409]
                =======================================================================
                -----------------------------------------------------------------------
                SOCIAL SECURITY ADMINISTRATION
                20 CFR Parts 404, 408, and 416
                [Docket No. SSA-2018-0028]
                RIN 0960-AI33
                Advance Designation of Representative Payees for Social Security
                Beneficiaries
                AGENCY: Social Security Administration.
                ACTION: Final rule.
                -----------------------------------------------------------------------
                SUMMARY: We are finalizing our proposed regulations specifying the
                information Social Security beneficiaries and applicants must provide
                to designate individuals as their possible representative payee in
                advance of our determination that the beneficiary needs a
                representative payee. These regulations additionally set forth how we
                will consider an individual's advance designation when we select a
                representative payee, and fulfill our obligation under 201 of the
                Strengthening Protections for Social Security Beneficiaries Act of
                2018.
                DATES: This final rule is effective February 25, 2020.
                FOR FURTHER INFORMATION CONTACT: Peter Smith, Office of Income Security
                Programs, Social Security Administration, 6401 Security Boulevard,
                Baltimore, MD 21235-6401, (410) 966-3235. For information on
                eligibility or filing for benefits, call our national toll-free number,
                1-800-772-1213, or TTY 1-800-325-0778, or visit our internet site,
                Social Security Online, at http://www.socialsecurity.gov.
                SUPPLEMENTARY INFORMATION:
                Background
                 A representative payee is a person or organization that we select
                to receive and manage Social Security benefits, special veterans
                benefits, and Supplemental Security Income (SSI) payments on behalf of
                a beneficiary. Generally, beneficiaries have the right to receive their
                benefits directly and manage them independently. However, we may
                determine that a beneficiary is unable to manage or direct the
                management of benefit payments because of the beneficiary's mental or
                physical condition, or because of the beneficiary's youth.\1\ In these
                cases, we appoint a representative payee when we believe it will serve
                the beneficiary's interest to receive benefits through a representative
                payee instead of receiving them directly.\2\
                ---------------------------------------------------------------------------
                 \1\ See 42 U.S.C. 405(j)(1), 807(a), 1383(a)(2)(A)(ii); 20 CFR
                404.2001(b), 408.601(b), 416.601(b).
                 \2\ See 20 CFR 404.2001(a), 20 CFR 408.601(a), and 20 CFR
                416.601(a).
                ---------------------------------------------------------------------------
                 On April 13, 2018, President Trump signed into law the
                Strengthening Protections for Social Security Beneficiaries Act of 2018
                (Strengthening Protections Act).\3\ Section 201 of the Strengthening
                Protections Act, entitled ``Advance Designation of Representative
                Payees,'' amended section 205(j)(1) of the Social Security Act \4\ to
                allow for advance designation of representative payees. It also
                required us to promulgate regulations specifying the information
                [[Page 7662]]
                that an individual must provide to designate a representative payee in
                advance.
                ---------------------------------------------------------------------------
                 \3\ Public Law 115-165, 132 Stat. 1257. Available at: https://www.congress.gov/115/plaws/publ165/PLAW-115publ165.pdf.
                 \4\ 42 U.S.C. 405(j)(1).
                ---------------------------------------------------------------------------
                 To help us develop the information that we need, we hosted a
                National Disability Forum (NDF) on Advance Designation of
                Representative Payees on October 30, 2018 \5\, at which we received
                feedback from panelists with experience in fields relevant to our
                representative payee program. Following the NDF and taking the feedback
                we received into consideration, we published a Notice of Proposed
                Rulemaking (NPRM) in the Federal Register on November 26, 2019.\6\ In
                the NPRM, we proposed that applicants or beneficiaries may designate
                one or more potential representative payees, provided that we have not
                determined the applicant or beneficiary to be mentally or physically
                incapable of managing benefit payments, or that the applicant or
                beneficiary has not been found legally incompetent. Consistent with the
                Strengthening Protections Act, we proposed to permit advance
                designations of individuals only, not organizations.\7\
                ---------------------------------------------------------------------------
                 \5\ Information related to this NDF is available on our internet
                site at https://www.ssa.gov/ndf/ndf_outreach.htm, under the October
                30, 2018 tab.
                 \6\ 84 FR 65040.
                 \7\ See section 205(j)(1)(C)(ii) of the Act, as amended by the
                section 201(a) of the Strengthening Protections Act, 42 U.S.C.
                405(j)(1)(C)(ii).
                ---------------------------------------------------------------------------
                 We proposed that eligible individuals may designate potential
                representative payees in advance by providing us with the information
                we require. This required information includes the name and telephone
                number of each advance designee and the priority order in which the
                individual would like us to consider the advance designees, if more
                than one is designated. We noted that current systems limitations allow
                us to receive up to three advance designations. We also proposed to
                consider advance designees first when selecting a representative payee.
                When we determine that a representative payee is necessary,\8\ we would
                first review the advance designees previously identified by the
                individual (if any), in the order of priority established by the
                individual. Finally, we proposed that individuals who are eligible to
                make advance designations may withdraw or revise their advance
                designations at any time, provided that at the time of modification
                they are still eligible to make advanced designations. Individuals
                could withdraw or revise their advance designations by informing us of
                the change in writing, in person, by telephone, or by direct electronic
                submission through our website. We also proposed that individuals who
                wish to revise their advance designations must provide the required
                information for any newly designated individuals.
                ---------------------------------------------------------------------------
                 \8\ See 20 CFR 404.2010 and 416.610 for when we will make
                payment to a representative payee.
                ---------------------------------------------------------------------------
                 In response to the NPRM, we received four timely proffered comment
                submissions. Below, we did not summarize or respond to one comment that
                was outside the scope of the proposed rule, and one comment that agreed
                with the proposal and did not suggest any changes. All comments are
                viewable through the eRulemaking docket, available online at
                www.regulations.gov, docket number SSA-2018-0028.
                Public Comments and Discussion
                 Comment: One commenter suggested that to assess the suitability of
                a person whom a beneficiary wishes to advance designate, including any
                risk of coercion, undue influence, or exploitation, we should interview
                proposed advance designees in person and in the company of the
                beneficiary. If an in-person interview is not possible, the commenter
                suggested that interviews could take place by video or phone.
                 Response: The commenter is asking that we use different procedures
                for representative payees who are advanced designated than for any
                other applicants we are considering for representative payee
                appointment. This would be unnecessary and would establish a disparate
                standard. In response to the commenter's concern that we ensure the
                potential representative payee is appropriate, we reiterate that we
                will not appoint someone to be a representative payee solely because
                the individual designated them in advance. As stated in the NPRM, all
                advance designees will undergo the same procedures as anyone else under
                consideration to be a representative payee.
                 For example, we interview payee applicants as part of our normal
                selection procedures.\9\ These same selection procedures will apply
                when we evaluate an advance designee at the time that a representative
                payee is needed. We conduct interviews in person, except under certain
                circumstances. In those situations where we do not conduct an in-person
                interview, we generally require one by phone or videoconference.
                However, we do not require that the payee applicant interview occur in
                the company of the beneficiary. Under existing regulations,
                beneficiaries receive advance notice of payee appointments and are
                afforded the right to appeal the selection.\10\ Additionally, the payee
                applicant's responses during the interview are given under penalty of
                perjury.
                ---------------------------------------------------------------------------
                 \9\ See 20 CFR 404.2024, 408.624, 416.624 for how we investigate
                a representative payee applicant, including when we conduct a face-
                to-face interview with the payee applicant.
                 \10\ 20 CFR 404.2030, 408.630, 416.630.
                ---------------------------------------------------------------------------
                 Comment: One commenter recommended that before appointing an
                advance designee as a representative payee, we should confirm the
                beneficiary still prefers the advance designee to serve as
                representative payee.
                 Response: Before appointing any representative payee, we always
                provide advance notice to the beneficiary notifying him or her of the
                need for a payee and identifying the payee. The advance notice also
                provides the beneficiary with the right to appeal the selection.
                Additionally, once advance designation begins, we will send a notice
                annually to beneficiaries who have advance designations on record
                reminding them of their advance designees. The notice will instruct the
                beneficiary to review the advance designees to confirm the accuracy of
                the information and to update the information as necessary. So, the
                information in a beneficiary's advance designation will be relatively
                recent regardless of when the beneficiary initially submitted the
                advance designation.
                 Comment: One commenter suggested that our field office staff should
                fully document reasons for a determination not to select an advance
                designee.
                 Response: Under existing procedure, whenever we do not select a
                payee applicant, we document the non-selection reason in our electronic
                Representative Payee System (eRPS) (OMB No. 0960-0814). We will include
                an option in the eRPS system to annotate advance designee status for
                the payee applicant. We are also building functionality in the system's
                new Advance Designation screens to document the contacts made with
                advance designees and why we did not select an advance designee. Our
                program instructions will direct staff to include notes explaining the
                decision any time an advance designee is not selected as payee.
                 Comment: One commenter recommended that we should annually notify
                the beneficiary to remind them of advance designees and ask for any
                updates or changes to their contact information.
                [[Page 7663]]
                 Response: This will be part of our process, as we explained in the
                NPRM. Section 201(d) of the Strengthening Protections Act requires that
                annually ``the Commissioner of Social Security shall notify each
                individual entitled to a benefit under title II, VIII, or XVI of the
                Social Security Act of the name of any individual designated to serve
                as the individual's representative payee. . . .'' So, we will send a
                notice annually to beneficiaries reminding them of their advance
                designees. The notice will instruct the beneficiary to review the
                accuracy of the advance designee information and to update the
                information if necessary.
                 Comment: One commenter suggested that when a beneficiary designates
                an individual, we should provide notice of the designation to the
                advance designee.
                 Response: We considered whether to notify individuals who are
                advance designated at the time that the advance designation occurs. We
                decided against this action because the burden on the public and us
                outweighed the benefit of notifying individuals that they had been
                advance designated, because a designee may never be called upon to
                serve as a payee. At the time that we determine that a beneficiary is
                incapable and we begin development of a payee, we will contact the
                advance designee to determine the person's availability, willingness,
                and suitability to serve as a payee.
                 Comment: One commenter suggested that the information we are
                proposing to collect might not be enough to identify the advance
                designees and that we should consider collecting more information,
                including date of birth and current address.\11\
                ---------------------------------------------------------------------------
                 \11\ The information we proposed to collect in the NPRM included
                the name and telephone number of each advance designee and the
                priority order in which the individual would like us to consider the
                advance designees, if more than one are designated.
                ---------------------------------------------------------------------------
                 Response: We considered whether to collect additional information
                about the advance designees, but we determined that their names and
                telephone numbers are sufficient to contact the advance designee. We
                also considered whether to collect advance designees' current
                addresses; however, our process for contacting advance designees will
                only include contacting them by telephone. If an advance designee is
                unreachable by telephone, we will contact the beneficiary to obtain
                updated contact information for the individual.
                 The commenter noted that a long time may have passed between the
                time the the beneficiary originally makes the advance designation and
                when we attempt to contact the advance designee. For this reason, we
                will send a notice annually to beneficiaries who have made advance
                designations reminding them of their advance designees. The notice will
                instruct the beneficiary to review the advance designees to assess the
                accuracy of the information provided and to update the information if
                necessary. We will not collect an advance designee's date of birth at
                the time of advance designation because this information is
                unnecessary. Once we determine that a beneficiary is incapable and we
                need to appoint a payee, we will confirm the identity of the advance
                designee as part of our normal payee development procedures.
                 Comment: One commenter suggested that we communicate the option of
                advance designation to current beneficiaries.
                 Response: We agree with this suggestion. The agency is developing
                marketing tools and external communication plans to create a broad
                awareness of advance designation procedures.
                Regulatory Procedures
                 We follow the Administrative Procedure Act (APA) rulemaking
                procedures specified in 5 U.S.C. 553 in promulgating regulations.
                Section 702(a)(5) of the Social Security Act, 42 U.S.C. 902(a)(5).
                Generally, final rules become effective 30 days following their
                publication in the Federal Register. However, the APA provides
                exceptions to allow for earlier effective dates including ``as
                otherwise provided by the agency for good cause found and published
                with the rule'' 5 U.S.C. 553(d)(3).
                 We determined that good cause exists for dispensing with the 30-day
                delay in the effective date of this final rule. This final rule merely
                codifies a statutory directive which the agency is required by law to
                begin by April 2020. As well, the public comments did not raise any
                novel issues or concerns. We therefore find it is in the public
                interest to make this final rule effective 14 days after its
                publication in the Federal Register.
                Executive Order 12866, as Supplemented by Executive Order 13563
                 We consulted with the Office of Management and Budget (OMB) and OMB
                determined that this final rule does not meet the criteria for a
                significant regulatory action under Executive Order 12866, as
                supplemented by Executive Order 13563. Thus, OMB did not formally
                review this final rule.
                 We also determined that this final rule meets the plain language
                requirement of Executive Order 12866.
                Executive Order 13132 (Federalism)
                 We analyzed this final rule in accordance with the principles and
                criteria established by Executive Order 13132, and determined that the
                final rule will not have sufficient Federalism implications to warrant
                the preparation of a Federalism assessment. We also determined that
                this final rule would not preempt any State law or State regulation or
                affect the States' abilities to discharge traditional State
                governmental functions.
                Regulatory Flexibility Act
                 We certify that this final rule will not have a significant
                economic impact on a substantial number of small entities because they
                affect only individuals. Therefore, the Regulatory Flexibility Act, as
                amended, does not require us to prepare a regulatory flexibility
                analysis.
                E.O. 13771
                 This final rule is not subject to the requirements of Executive
                Order 13771 because it is not a significant regulatory action under
                E.O. 12866.
                Anticipated Costs to Our Programs
                 Our Office of the Chief Actuary estimates that implementing this
                final rule will result in a very small increase in program costs for
                the Social Security and Supplemental Security Income programs over the
                10-year period 2020 through 2029.
                Anticipated Administrative Costs to SSA
                 Our Office of Budget, Finance, and Management estimates that this
                change will result in administrative costs to the agency of
                approximately $275 million over 10 years, with none of the annual costs
                meeting or exceeding the E.O. 12866 ``economically significant''
                threshold of $100 million. The administrative estimates comprise the
                costs for creating and running the online application; field office
                interviews; employee processing time; and sending annual mailers.
                Congressional Review Act (CRA)
                 Pursuant to the Congressional Review Act (5 U.S.C. 801, et seq.),
                the Office of Information and Regulatory Affairs designated this rule
                as not a ``major rule,'' as defined by 5 U.S.C. 804(2).
                Paperwork Reduction Act (PRA)
                 Section 404.2018 of this final rule imposes a new public reporting
                burden: the requirement for affected members of the public to use our
                prescribed paper form or online application to submit the names and
                telephone numbers of advance designees. We previously
                [[Page 7664]]
                solicited comment on these proposed information collection instruments
                via a notice published in the Federal Register.\12\ In response to that
                notice, several members of the public submitted comments. We previously
                provided a document detailing these comments, as well as our responses,
                in the rulemaking docket on Regulations.gov under Supporting and
                Related Material for this rule's NPRM.
                ---------------------------------------------------------------------------
                 \12\ 84 FR 40121 (August 13, 2019).
                ---------------------------------------------------------------------------
                 We did not change the proposed Information Collection Request (ICR)
                originally shared with the publication of the above-referenced
                standalone Federal Register notice. However, we again solicited comment
                on the proposed ICR for section 404.2018 as part of the NPRM. We did
                not receive any further comments or requests for information relating
                to the PRA in response to that solicitation of comment, and we are not
                making any further changes to this ICR now. Accordingly, OMB pre-
                approved the ICR under OMB number No. 0960-0814. This approval will be
                considered final when this final rule becomes effective.
                (Catalog of Federal Domestic Assistance Program Nos. 96.001, Social
                Security--Disability Insurance; 96.002, Social Security--Retirement
                Insurance; 96.004, Social Security--Survivors Insurance; and 96.006,
                Supplemental Security Income).
                List of Subjects
                20 CFR Part 404
                 Administrative practice and procedure; Blind, Disability benefits;
                Old-Age, Survivors, and Disability Insurance; Reporting and
                recordkeeping requirements; Social Security.
                20 CFR Part 408
                 Administrative practice and procedure; Reporting and recordkeeping
                requirements; Social security; Supplemental Security Income (SSI),
                Veterans.
                20 CFR Part 416
                 Administrative practice and procedure; Reporting and recordkeeping
                requirements; Social security; Supplemental Security Income (SSI).
                 Dated: January 31, 2020.
                Andrew Saul,
                Commissioner of Social Security.
                 For the reasons stated in the preamble, we are amending subpart U
                of part 404, subpart F of part 408, and subpart F of part 416 of title
                20 of the Code of Federal Regulations as set forth below:
                PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
                (1950-)
                0
                1. The authority citation for subpart U of part 404 continues to read
                as follows:
                 Authority: Secs. 205(a), (j), and (k), and 702(a)(5) of the
                Social Security Act (42 U.S.C. 405(a), (j), and (k), and 902(a)(5)).
                0
                2. Add section Sec. 404.2018 to read as follows:
                Sec. 404.2018 Advance designation of representative payees
                 (a) General. An individual who:
                 (1) Is entitled to or an applicant for a benefit and;
                 (2) Has attained 18 years of age or is an emancipated minor, may
                designate in advance one or more individuals to possibly serve as a
                representative payee for the individual if we determine that payment
                will be made to a representative payee (see Sec. 404.2010(a)). An
                individual may not designate in advance possible representative payees
                if we have information that the individual is either-legally
                incompetent or mentally incapable of managing his or her benefit
                payments; or physically incapable of managing or directing the
                management of his or her benefit payments.
                 (b) How to designate possible representative payees in advance.
                Individuals who meet the requirements in paragraph (a) of this section
                may designate in advance their choice(s) for possible representative
                payees by indicating their decision to designate a representative payee
                in advance and providing us with the required information. In addition
                to the required information, an individual may choose to provide us
                with the relationship of the advance designee(s) to the individual. The
                information we require before we will consider an advance designee as a
                possible representative payee is:
                 (1) The name of the advance designee,
                 (2) A telephone number of the advance designee, and
                 (3) The order of priority in which the individual would like us to
                consider the advance designees, if he or she designates more than one
                advance designee.
                 (c) How to make changes to advance designation. Individuals who
                meet the requirements in paragraph (a) of this section may change their
                advance designees by informing us of the change and providing the
                required information (see paragraphs (b)(1) through (3) of this
                section) to us. Individuals who meet the requirements in paragraph (a)
                of this section may withdraw their advance designation by informing us
                of the withdrawal.
                 (d) How we consider advance designation when we select a
                representative payee. (1) If we determine that payment will be made to
                a representative payee, we will review an individual's advance
                designees in the order listed by the individual and select the first
                advance designee who meets the criteria for selection. To meet the
                criteria for selection--
                 (i) The advance designee must be willing and able to serve as a
                representative payee,
                 (ii) Appointment of the advance designee must comply with the
                requirements in section 205(j)(2) of the Social Security Act, and
                 (iii) There must be no other good cause (see Sec. Sec. 404.2020
                and 404.2021) to prevent us from selecting the advance designee.
                 (2) If none of the advance designees meet the criteria for
                selection, we will use our list of categories of preferred payees (see
                Sec. 404.2021), along with our other regulations in subpart U of this
                part, as a guide to select a suitable representative payee.
                 (e) How we consider advance designation when we select a subsequent
                representative payee. If an individual who currently has a
                representative payee requires a change of representative payee, we will
                consider any other designees identified by the individual at a time in
                which that individual was eligible to make an advanced designation,
                under paragraph (d) of this section.
                 (f) Organizations. An individual may not designate in advance an
                organization to serve as his or her possible representative payee.
                0
                3. Amend Sec. 404.2020 by revising paragraphs (e) and (f) and adding
                paragraph (g) to read as follows:
                Sec. 404.2020 Information considered in selecting a representative
                payee
                * * * * *
                 (e) Whether the potential payee is in a position to know of and
                look after the needs of the beneficiary;
                 (f) The potential payee's criminal history; and
                 (g) Whether the beneficiary made an advance designation (see Sec.
                404.2018).
                0
                4. Amend Sec. 404.2021 by revising the introductory text to read as
                follows:
                Sec. 404.2021 What is our order of preference in selecting a
                representative payee for you?
                 As a guide in selecting a representative payee, we have established
                categories of preferred payees. These preferences are flexible. We will
                consider an individual's
                [[Page 7665]]
                advance designee(s) (see Sec. 404.2018) before we consider other
                potential representative payees in the categories of preferred payees
                listed in this section. When we select a representative payee, we will
                choose the designee of the beneficiary's highest priority, provided
                that the designee is willing and able to serve, is not prohibited from
                serving (see Sec. 404.2022), and supports the best interest of the
                beneficiary (see Sec. 404.2020). The preferences are:
                * * * * *
                PART 408--SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS
                0
                5. The authority citation for subpart F of part 408 is revised to read
                as follows:
                 Authority: Secs. 205(j)(1)(C), 702(a)(5), 807, and 810 of the
                Social Security Act (42 U.S.C. 405(j)(1)(C), 902(a)(5), 1007, and
                1010).
                0
                6. Add Sec. 408.618 to subpart F to read as follows:
                Sec. 408.618 Advance designation of representative payees.
                 For information about advance designation, how to designate
                representative payees in advance, how to make changes to advance
                designations, how we consider an advance designation when we select a
                representative payee, how we consider an advance designation when we
                select a subsequent representative payee, and other relevant
                information, see Sec. Sec. 404.2018, 404.2020, and 404.2021 of this
                chapter.
                PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
                DISABLED
                0
                7. The authority citation for subpart F of part 416 is revised to read
                as follows:
                 Authority: Secs. 205(j)(1)(C), 702(a)(5), 1631(a)(2) and (d)(1)
                of the Social Security Act (42 U.S.C. 405(j)(1)(C), 902(a)(5),
                1383(a)(2) and (d)(1)).
                0
                8. Add Sec. 416.618 to subpart F to read as follows:
                Sec. 416.618 Advance designation of representative payees
                 (a) General. An individual who:
                 (1) Is eligible for or an applicant for a benefit; and
                 (2) Has attained 18 years of age or is an emancipated minor, may
                designate in advance one or more individuals to possibly serve as a
                representative payee for the individual if we determine that payment
                will be made to a representative payee (see Sec. 416.610(a)). An
                individual may not designate in advance possible representative payees
                if we have information that the individual is either legally
                incompetent or mentally incapable of managing his or her benefit
                payments; or physically incapable of managing or directing the
                management of his or her benefit payments.
                 (b) How to designate possible representative payees in advance.
                Individuals who meet the requirements in paragraph (a) of this section
                may designate in advance their choice(s) for possible representative
                payees by indicating their decision to designate a representative payee
                in advance and providing us with the required information. In addition
                to the required information, an individual may choose to provide us
                with the relationship of the advance designee to the individual. The
                information we require before we will consider an advance designee as a
                possible representative payee is:
                 (1) The name of the advance designee,
                 (2) A telephone number of the advance designee, and
                 (3) The order of priority in which the individual would like us to
                consider the advance designees if he or she designates more than one
                advance designee.
                 (c) How to make changes to advance designation. Individuals who
                meet the requirements in paragraph (a) of this section may change their
                advance designees by informing us of the change and providing the
                required information (see paragraphs (b)(1) through (3) of this
                section) to us. Individuals who meet the requirements in paragraph (a)
                of this section may withdraw their advance designation by informing us
                of the withdrawal.
                 (d) How we consider advance designation when we select a
                representative payee. (1) If we determine that payment will be made to
                a representative payee, we will review advance designees in the order
                listed by the individual and select the first advance designee who
                meets the criteria for selection. To meet the criteria for selection--
                 (i) The advance designee must be willing and able to serve as a
                representative payee,
                 (ii) Appointment of the advance designee must comply with the
                requirements in section 205(j)(2) of the Social Security Act, and
                 (iii)There must be no other good cause (see Sec. Sec. 416.620 and
                416.621) to prevent us from selecting the advance designee.
                 (2) If none of the advance designees meet the criteria for
                selection, we will use our list of categories of preferred payees (see
                Sec. 416.621), along with our other regulations in subpart F of this
                part, as a guide to select a suitable representative payee.
                 (e) How we consider advance designation when we select a subsequent
                representative payee. If an individual who currently has a
                representative payee requires a change of representative payee, we will
                consider any other designees identified by the individual at a time in
                which that individual was eligible to make an advanced designation,
                under paragraph (d) of this section.
                 (f) Organizations. An individual may not designate in advance an
                organization to serve as his or her possible representative payee.
                0
                9. Amend Sec. 416.620 by revising paragraphs (e) and (f) and adding
                paragraph (g) to read as follows:
                Sec. 416.620 Information considered in selecting a representative
                payee.
                * * * * *
                 (e) Whether the potential payee is in a position to know of and
                look after the needs of the beneficiary;
                 (f) The potential payee's criminal history; and
                 (g) Whether the beneficiary made an advance designation (see Sec.
                416.618).
                0
                10. Amend Sec. 416.621 by revising the introductory text to read as
                follows:
                Sec. 416.621 What is our order of preference in selecting a
                representative payee for you?
                 As a guide in selecting a representative payee, we have established
                categories of preferred payees. These preferences are flexible. We will
                consider an individual's advance designees (see Sec. 416.618) before
                we consider other potential representative payees in the categories of
                preferred payees listed in this section. When we select a
                representative payee, we will choose the designee of the beneficiary's
                highest priority, provided that the designee is willing and able to
                serve, is not prohibited from serving (see Sec. 416.622), and supports
                the best interest of the beneficiary (see Sec. 416.620). The
                preferences are:
                * * * * *
                [FR Doc. 2020-02409 Filed 2-10-20; 8:45 am]
                 BILLING CODE 4191-02-P
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT