June 8, 2008 by admin

1603. Beneficiary Over Age 18

1603.1 Are payments made directly to individuals over age 18?

Payments are made directly to a beneficiary age 18 or older unless the individual:

1. Is judged legally incompetent; or

2. Is mentally incapable of managing his or her payments; or

3. Is physically incapable of managing or directing the management of his or her payments.

1603.2 What is required for a decision of incapability?

A decision of incapability can be made only if established by convincing evidence. See §§1604-1607 for a discussion of evidence.

1603.3 If the decision has not been made, are the direct payments continued?

Payments generally continue to be paid directly to a beneficiary who is:

1. Legally competent;

2. Age 18 or over; and

3. Receiving direct payment.

Direct payments are made until information and evidence is gathered to determine that a representative payee is needed, and one is appointed.

Last Revised: Aug. 2, 2007