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February 25, 2003
Supreme Court decision No. 01-1420 in the case of
Washington Department of Social and Health Services v. Guardianship Estate of Keffeler
Although Old-Age, Survivors, and Disability Insurance (OASDI) benefits under Title II of the Social Security Act, and Supplemental Security Income (SSI) benefits under Title XVI, are generally paid directly to the beneficiary, the Social Security Administration may distribute them to another individual or entity as the beneficiary's " 'representative payee.
Regulations provide, inter alia, that social service agencies and custodial institutions may serve as representative payees, but follow a parent, legal guardian, or relative in the order of preference for appointment to that position.
Such a payee may expend funds "only for the use and benefit of the beneficiary," in a way the payee determines "to be in the [beneficiary's] best interests." Payments made for "current maintenance" are "for the use and benefit of the beneficiary," and "current maintenance" includes "cost[s] incurred in obtaining food, shelter, clothing, medical care, and personal comfort items," A representative payee "may not be required to use benefit payments to satisfy a [beneficiary's] debt" that arose before the period the benefit payments are certified to cover, but a payee may discharge such a debt if the beneficiary's "current and reasonably foreseeable needs" are met and it is in the beneficiary's interest to do so.
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