Federal Old-Age, Survivors, and Disability Insurance and Supplemental Security Income for the Aged, Blind, and Disabled; Representative Payment Under Title II and Title XVI of the Social Security Act

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We propose to amend our regulations on payment of Social Security and supplemental security income (SSI) benefits under title II and title XVI of the Social Security Act (the Act). The proposed regulations reflect the provisions of section 5105(a) (1) and (2), and (c) of the Omnibus Budget Reconciliation Act of 1990 (OBRA 90). Section 5105 amended sections 205(j) and 1631(a)(2) of the Act and made numerous modifications and additions to the representative payee provisions of the Act intended to provide additional safeguards and protection for beneficiaries who need representative payees. These modifications and additions include procedures for investigating representative payee applicants, identifying unsuitable representative payee applicants, making direct payment to some beneficiaries while we try to find a payee, providing advance notice of determinations to make representative payment and selections of representative payees, providing all affected beneficiaries with the opportunity to appeal our determination to make representative payment or to select a particular representative payee, and making restitution in some instances to beneficiaries of benefits misused by representa