The Social Security Administration has published proposed regulations to implement legislation passed in August that prohibits persons convicted of certain criminal offenses from serving as a representative payee in certain circumstances. I hope there's enough discretion remaining in this proposal. Certainly, there are rep payees who rip off Social Security beneficiaries but the biggest problem I've seen has been a lack of anyone willing or able to be a rep payee. Blanket disqualifications may exclude trustworthy people. It's possible to commit a crime, be convicted, serve your time and then get out and live an honorable life.
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A family I'm acquainted with whose disabled child will get SSI at age 18 has 2 parents convicted of felonies in their past. The father's has already impacted some benefits even though both were years ago as young adults and both are now stable parents raising a family including one severely impaired child. Jobs and housing were impacted, it'd be a horror to find that they couldn't serve as payee for their child/adult son when the time comes.
9:46 - The linked proposed rules explicitly state that a felony conviction will not be an absolute bar for custodial parents in certain situations, including where they previously served as the rep payee for a minor who has since turned 18, or where the beneficiary's disability began before age 22. In those situations, SSA would use a "best interests" test.
Or even a Supreme Court Justice!
The agency is already doing this now, although the 5 year criminal background check requirement is a new one. Of course, SSA's criminal background check basically involves checking Lexis-Nexis (or Accurint, as it is called now) for criminal history, so it isn't worth much. I don't see them allowing access to anything more comprehensive such as NCIC checks any time soon.
Since the agency has already been doing almost all of this, I suspect this is simply a CYA regulation.
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