Introduction
Many individuals who are eligible for Social Security Disability Insurance benefits suffer from severe mental impairments which can make managing day-to-day affairs very difficult. This includes certain individuals with severe mental health conditions such as schizophrenia or schizoaffective disorder, as well as individuals who have physical conditions which have mental effects on functioning, such as those with traumatic brain injuries. For people in such serious situations, Social Security has established a safeguard which allows the person to receive benefits without potentially mismanaging their funds by requiring that the person designate a representative payee to receive and manage benefits on the person’s behalf.
Qualifying for Social Security Disability Benefits
Approval for Social Security Disability benefits
To be approved for Social Security disability benefits, the person must have a work history of at least five out of the past ten years, paying taxes on their income. They must also have a severe impairment that prevents them from engaging in significant work activity for at least one year. Special rules may apply for individuals in sheltered work environments or special work programs designed for people with disabilities.
Determining the severity of impairment
To determine the severity of impairment, medical records play a crucial role. Documentation such as psychiatrist notes, records from inpatient hospitalizations, or cognitive testing results are considered. Social Security assesses the person’s limitations and residual functional capacity, which includes the ability to perform activities required in a work environment.
Evaluation of ability to manage benefits
After the person is approved for disability, the capability to manage their own benefits is evaluated by the case worker or administrative law judge. Social Security presumes that a legally competent adult beneficiary is capable of managing their own benefits unless there are indicators or evidence to the contrary. Factors considered include difficulties in answering questions, gathering evidence, understanding instructions, and communication. The determination is based on legal, third party, and medical evidence.
Appointing a Representative Payee
Importance of representative payees
If it is determined that a beneficiary is incapable of managing their own benefits, a representative payee is appointed. A representative payee acts on behalf of the beneficiary to receive and manage their benefits, ensuring they are used in the person’s best interest.
Notifying Social Security and responsibilities of a representative payee
Once the need for a representative payee is established, the person should notify Social Security of their chosen representative payee. The representative payee has responsibilities that include meeting with the person to determine their needs, using funds in their best interest, maintaining records of fund usage, reporting events that may impact eligibility, updating address changes, and staying in contact with the person requiring assistance.
Seeking Legal Assistance
LaBovick Law Group can help your loved one in need. If you have a close friend or family member suffering from a serious condition that keeps them from working and managing their own funds, an experienced law firm can assist with the Social Security Disability benefit process. Contact LaBovick Law Group at (561) 625-8400 to get started right away.
