FAQ

 

Can I sign-up with EMI to have a Rep Payee?
Only the Social Security Administration determines who needs a Rep Payee. EMI applies to serve in that role for SSA beneficiaries

How is the need for a Rep Payee determined?
SSA rules state that any beneficiary who lacks capacity to manage their own benefits should have a substitute decision maker called a Representative Payee. Capacity, or in this case the lack thereof, should not be confused with incompetence. A legal finding of incompetence is a finding made by the court only after strict rules of law, precedent, and the proper presentation of evidence. SSA findings of incapacity are much less formal. SSA rules provide for both medical and lay evidence to determine capacity. Although the medical evidence of diminished capacity and the Physician's statement offered in support of his/her opinion is no longer fully adequate. SSA requires documented statements from people known to the client such as relatives, close friends, neighbors or a landlord. SSA prefers a face-to-face interview with the beneficiary where a field office Claims Representative can make a first-hand observation of the client's ability to manage their money and provide for their own basic needs….or not.

Can community professionals provide lay evidence?
Lay evidence can be offered to SSA by trained professionals who are often licensed to administer mental health screenings, chemical health assessments, and physical / environmental assessments.

Client has a Guardian, can EMI serve as Payee too?
Yes. A statement provided by the Guardian that this arrangement is in the best interest of the client along with a copy of the documents of court appointment should be provided to EMI. These documents will be submitted to SSA with a formal rep payee application from EMI.

Client has a designated Power-of-Attorney. Are they automatically a Rep Payee?
The Social Security Administration recognizes neither fiduciaries appointed under a power of attorney, nor via conservatorship/guardianship; thus, attorneys-in-fact and conservators/guardians must make a formal application to the SSA to become Representative Payee.

Who makes the best Rep Payee?
SSA prefers a family member or trusted friend who knows the beneficiary's needs the best to serve in this role. When these options are not available, a Rep Payee (such as EMI) is often the next best option.