[Federal Register Volume 80, Number 13 (Wednesday, January 21, 2015)]
[Notices]
[Pages 2996-2997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00931]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2014-0070]
Monitoring Reviews for Certain Representative Payees
AGENCY: Social Security Administration.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: We are requesting information from the public regarding how we
should conduct periodic onsite reviews of certain representative payees
under Titles II, VIII, and XVI of the Social Security Act (Act) and how
we can improve the representative payee program. We are seeking this
information to decide whether and how we should make any changes to the
representative payee program to further protect our beneficiaries from
misuse of their benefits by representative payees.
DATES: To ensure that your comments are considered, we must receive
them no later than March 9, 2015.
ADDRESSES: You may submit comments by any one of three methods--
Internet, fax, or mail. Do not submit the same comments multiple times
or by more than one method. Regardless of which method you choose,
please state that your comments refer to Docket No. SSA-2014-0070 so
that we may associate your comments with the correct document.
Caution: You should be careful to include in your comments only
information that you wish to make publicly available. We strongly urge
you not to include in your comments any personal information, such as
Social Security numbers or medical information.
1. Internet: We strongly recommend that you submit your comments
via the Internet. Please visit the Federal eRulemaking portal at http://www.regulations.gov. Use the Search function to find docket number
SSA-2014-0070. The system will issue you a tracking number to confirm
your submission. You will not be able to view your comment immediately
because we must post each comment manually. It may take up to a week
for your comment to be viewable.
2. Fax: Fax comments to (410) 966-2830.
3. Mail: Address your comments to the Office of Regulations and
Reports Clearance, Social Security Administration, 3100 West High Rise
Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401.
Comments are available for public viewing on the Federal
eRulemaking portal at http://www.regulations.gov or in person, during
regular business hours, by arranging with the contact person identified
below.
FOR FURTHER INFORMATION CONTACT: Eric Ice, Office of Income Security
Programs, Social Security Administration, 6401 Security Boulevard,
Baltimore, MD 21235-6401, (410) 966--3233. For information on
eligibility or filing for benefits, call our national toll-free number,
1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet site,
Social Security Online, at http://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Background
A representative payee is a third party who manages the Social
Security benefits or Supplemental Security Income (SSI) payments of a
beneficiary \1\ to meet the beneficiary's needs for food, clothing, and
shelter. After meeting the beneficiary's basic needs, the
representative payee must conserve any remaining Social Security
benefits or payments for the beneficiary's future use. We presume that
a legally competent adult beneficiary is capable of managing or
directing someone else to manage his or her benefits, unless there are
indicators or evidence to the contrary. We are required to pay children
under age 15 and legally-incompetent adult beneficiaries through
representative payees.
---------------------------------------------------------------------------
\1\ In this notice, we use the term ``beneficiary'' to include a
beneficiary under Title II of the Act, a beneficiary under Title
VIII of the Act, and an SSI recipient under Title XVI of the Act.
---------------------------------------------------------------------------
We monitor representative payees' fiduciary performance in several
ways. For certain representative payees, one of the ways we monitor
their fiduciary performance is through our periodic onsite review
process. The Act requires us to use onsite reviews for:
[cir] All fee-for-service representative payees;
[cir] all organizational representative payees serving 50 or more
beneficiaries or recipients; and
[cir] all individual representative payees serving 15 or more
beneficiaries or recipients. In addition, we also use onsite reviews
for state mental hospitals.\2\
---------------------------------------------------------------------------
\2\ 42 U.S.C. 405(j)(3) and 1383(a)(2)(C); 42 U.S.C.
405(j)(6)(A) and 1383(a)(2)(G).
---------------------------------------------------------------------------
We also conduct discretionary site reviews of representative payees
beyond those required by the Act. The site reviews help us determine
whether representative payees are performing their duties and
responsibilities satisfactorily and complying with our rules. The
reviews include:
[cir] A face-to-face interview with the representative payee and,
in most cases, a visit to the representative payee's location;
[cir] interviews with a sample of beneficiaries represented by the
representative payee;
[cir] examination of financial records; and
[cir] examination of supporting documentation.
When we uncover problems during the reviews, we resolve the
problems with the representative payee and remind the representative
payee about his or her duties and responsibilities. Sometimes during
site reviews, we uncover poor performance or misuse of funds by a
representative payee. When we are unable to resolve a major performance
issue with a representative payee, we remove the representative payee
and find a new representative payee for the affected beneficiaries, or
pay the beneficiaries directly.
[[Page 2997]]
Request for Comments
To identify ways we may enhance our periodic onsite review process
and improve the representative payee program, we are asking for your
comments on the following questions.
(1) Besides those representative payees that the Act requires us to
review, what representative payees should we include in our site review
process? What criteria should we use to select representative payees
for review?
(2) What data sources should we consider when we select which
representative payees to review, and which of these data sources should
we use to detect improper use of beneficiary payments?
(3) What tools or processes should we use to hold our
representative payees accountable for their responsibilities?
(4) How can we reduce the likelihood of mismanagement or misuse of
a beneficiary's payments?
(5) Currently, when we do a site review we focus on how a
representative payee manages a beneficiary's funds. Should our reviews
focus on any other issues?
(6) What ideas do you have to improve the representative payee
program overall?
Please see the information under ADDRESSES earlier in this document
for methods to give us your comments. We will not respond to your
comments, but we will consider them as we review our policies and
instructions to determine if we should revise or update them.
Dated: January 13, 2015.
Carolyn W. Colvin,
Acting Commissioner of Social Security.
[FR Doc. 2015-00931 Filed 1-20-15; 8:45 am]
BILLING CODE 4191-02-P