I learned from the newsletter of the National Organization of Social Security Claimants Representatives (NOSSCR) that there is a form for making an Advance Designation of Representative Payee, the form SSA-4547. Perhaps I should say that that such a form may have once existed or that it still exists in some state of limbo. We know the agency created the form. Social Security's manual makes reference to the form. NOSSCR has a copy of the form. However, the form doesn't appear on the agency's list of forms. You can't find a copy online. It's certainly not in use.
So, what happened to that form? I might have some clients who could use it. I think others would too. For that matter I could possibly use it personally. I'm sure that Social Security has a staff tasked with creating and maintaining the forms needed to run the agency and they must know what happened to SSA-4547.
It's now asked on all claims and is a simple POS input. Haven't seen that form in years
ReplyDelete2:41, you can't have seen the form years ago because it just started being used! It was required by the bipartisan budget act of 2015 but it took time to be implemented.
ReplyDeleteThe linked POMS states it is available via InForm on the intranet...have to check tomorrow
ReplyDeleteIn the list of forms you can type in a form number to search. When the form in question is typed in it states it is not available online and can be filled in with the help of an SSA representative.
ReplyDeleteAnother form that now cannot be found online is SSA-1178 for Evaluating Attorney Fee Petitions. I am currently trying to get my local OHO's to use the form. I have a lot of Remand cases from the Appeals Council and Courts. When the client wins I have to file a fee petition. In some cases my fees are cut without any explanation. HALLEX is specific that in those cases a Form SSA-1178 must be filled out to provide written rationale for the amount of the fee awarded.
I have a copy of the form. I recently had an attorney fee petition for over $10,000.00 cut by 40% without an explanation. I have appealed it. The Regional Office does not give a written rationale either.
I have been telling them that they are denying Due Process to me. If I do not like the ruling of the Regional ALJ I might take the case to Federal Court and request a Writ of Mandamus.
You can do it online via a mySSA account, do it via phone, in an office, or you can call and request that they mail the paper form to you.
ReplyDeleteIt isn't unusual that the form isn't made available electronically - the agency has never routinely made all representative payee forms available to the public except on request. The SSA-787 medical capacity statement is an example of this policy.
If you start the process to fill out the form online at mySSA, this is what the OMB link says.
ReplyDeleteThis information collection meets the requirements of 44 U.S.C. 3507, as amended by section 2 of the Paperwork Reduction Act of 1995. You do not need to answer these questions unless we display a valid Office of Management and Budget (OMB) control number.
The OMB control number for collection of this information is 0960-0814. The expiration date is 01/31/2023.
We estimate it will take about 6 minutes to read the instructions, gather the facts and answer the questions.
You may send comments on our time estimate to:
Social Security Administration
6401 Security Blvd.
Baltimore, MD 21235-0001
Thank you 8:11. Well done.
ReplyDeleteThanks for the info. The whole payee process is fairly fascinating.
ReplyDelete"SSA only offers the option to advance designate to capable adults and emancipated minors."
This is interesting. So theoretically, you can designate an emancipated minor under 18 to be a payee. Did I read that right? Was wondering if this was established if maybe a very responsible minor could be the payee for another relative.
I wonder if that emancipated minor exception is just the vacuously true case for when the claimant is an emancipated minor and technically can't receive their own benefits, but as an emancipated minor can act as a rep payee for themselves?
ReplyDelete12:32, I think they are saying only capable adults and emancipated minors can use the form to advance designate a payee. A minor or an adult found incapable cannot use this form because they would have a payee and would need to use a different form to request a change in payee.
ReplyDeleteAs to your question of whether an emancipated minor can be a payee, yes in certain circumstances, and even unemancipated minors can be. See POMS GN 00502.164 which is mostly about situations where the parent of a child on SSI is him- or herself a minor.
ReplyDeleteIt is unusual for the form not to be uploaded electronically. I think it should be done online.