What happens if a payee misuse funds?

The penalty upon conviction for a payee's misuse of funds may be a fine of up to $250,000, imprisonment up to 10 years, or both.

What to do if your payee is stealing your money?

If you think your payee is mis-using or stealing your SSI or SSDI income, you should contact the Office of the Inspector General (OIG) as soon as possible. The OIG will take your complaint and look into your concerns to see if they need to assist you in protecting your money.

What will happen if a representative payee uses funds for anything other than the allowed expenses?

Remember, the law requires representative payees to use the benefits in the beneficiary's best interest. If a payee misuses benefits, they must repay the misused funds. A payee who's convicted of misusing funds may be fined and imprisoned.

Can a payee go to jail?

Payees are required to spend the beneficiary's money only on the payee's medical needs and personal expenditures. If a representative is caught misusing a beneficiary's funds, he or she will not only have to repay the beneficiary, but also face fines and even imprisonment if found guilty.

Can my payee keep my money?

After your payee pays those expenses for you, your payee can use the rest of the money to pay any past-due bills you may have, provide entertainment for you, or save the money for your future use.

Your Rights If Your Representative Payee is Misusing Your Money

What can a payee not do?

What are the rights of a representative payee?

As a representative payee, you only have the power to handle the Social Security benefit for your friend or loved one (the beneficiary) and not any other money or property for that person unless some other document or government agency appoints you to do so.

How do you revoke a representative payee?

When you want to change your rep payee, go to your Social Security Administration field office and request a change of payee. You will be given a form to fill out, and guidance will be provided if necessary.

Is representative payee responsible for overpayment?

Generally, the overpaid person (including a representative payee) is responsible for repayment of an overpayment. If the overpaid person dies, his or her estate, or the beneficiaries of the estate, is responsible for repayment of the overpayment.

Who is the owner of a representative payee account?

A representative payee bank account is an account used by an appointed person or organization to manage the finances of a Social Security beneficiary. Representative payees are chosen by the Social Security Administration to administer the account for a beneficiary—usually an older or disabled person.

Does SSI monitor your bank account?

If you receive benefits through the federal Supplemental Security Income (SSI) program, the Social Security Administration (SSA) can check your bank account. They do this to verify that you still meet the program requirements.

How does Social Security investigate?

CDI Investigation

CDI investigations typically begin with a report of suspected fraud from SSA, State DDS, law enforcement, or the public. The CDI unit investigates statements and activities of claimants, medical providers, and other third parties, and obtains evidence to resolve questions of potential fraud.

What happens if you lie to Social Security?

Aside from the criminal and felony charges, the SSA may also impose a civil monetary penalty of up to $5,000 each time you lie or withhold facts. They can also make you return double the amount of benefits you fraudulently received.

What is a payee responsibility?

A payee's main duties are to use the benefits to pay for the current and future needs of the beneficiary, and properly save any benefits not needed to meet current needs. A payee must also keep records of expenses.

How do I file a representative payee report Online?

Representative payees can fill out the form and return it to Social Security by mail, or conveniently file it online at www.ssa.gov/myaccount/rep-payee.html. Organizational representative payees are able to complete their Representative Payee Report online by using Business Services Online.

How much can a representative payee charge?

Beginning January 2019, FFS organizations may collect a fee of up to 10 percent of the total monthly benefits from beneficiaries, up to a maximum of $43 per month.

How many years can Social Security go back for overpayment?

Typically overpayment issues come up within a few years of the payments actually being made, but sometimes overpayment issues go back 10 years or more. In 2011 Social Security amended its regulations to eliminate a 10-year statute of limitations for collecting benefit overpayments.

What happens if you don't pay back SSI overpayment?

If you no longer receive SSI, we may withhold your overpayment from a Federal Income Tax refund and/or from any future Social Security benefits you may receive. If you become eligible for SSI in the future, we will withhold your overpayment from future SSI payments.

Who is responsible for Social Security overpayment?

Section 204(a) of the Social Security Act provides that the overpaid person (whether or not he or she still receives benefits), his or her representative payee, and any other person receiving benefits on the overpaid person's earnings record are liable (responsible) for repayment of an overpayment.

Who Cannot be a representative payee?

§ 416.622 Who may not serve as a representative payee? A representative payee applicant may not serve if he/she: (a) Has been convicted of a violation under section 208, 811 or 1632 of the Social Security Act. (b) Has been convicted of an offense resulting in imprisonment for more than 1 year.

Can I change my representative payee online?

What If I Wish To Change My Rep Payee? To change your rep payee, you must fill out an application at your local SSA office. The person you select must submit a letter saying he or she is willing to serve as your rep payee.

Will my stimulus check go to my payee?

Stimulus payments belong to beneficiaries

The SSA issued guidance to representative payees indicating that stimulus payments are not coming from the agency but from the IRS. As such, the payments belong to the beneficiaries, and representative payees are not responsible for managing the money.

What can rep payee funds be used for?

After paying for the disabled person's food, shelter, clothing, medical and dental costs, and any rehab expenses, the representative payee can spend disability benefit money on personal comfort items and recreation costs (such as outings, movie tickets, or magazine subscriptions).

Does a representative payee file taxes?

If a levy is received for an individual who is receiving benefits on behalf of someone else as a representative payee, it will be returned to the IRS.

What can SSI funds be used for?

Current needs like food, clothing, housing, and utilities. Improvements in living conditions, like upgrading medical care or getting at-home assistance. Special expenses like home improvement for the disabled, car payments, and extra-curricular costs.