Comment on SSA-2008-0007-0001

The Representative Payment Program is of critical importance to beneficiairies of Title II and Title XVI benefits. This program allows for the payment of benefits to beneficiaries unable to manage their own payments and should insure that the basic needs of the most disabled individuals are met. At the same time, the Program represents a severe imposition on the rights of disabled beneficiaries by removing their right to manage their own benefits payments; a basic right under the Social Security Act. This basic right also allows for self-determination. As a result, SSA must act with extreme care when determining the need for a payee as well as who is best to serve an individual in this capacity. When regulations were promulgated to implement the Social Security Protection Act of 2004, I encouraged SSA to require a face-to-face interview of all applicants before an appointed as a payee could be made. An exception was allowed to the extent that such face-to-face meeting was impracticable. The current proposal would extend an exception to those organizations or individuals seeking appointment as a payee who have already been appointed and investigated (with or without a face-to-face interview) and are successfully meeting their responsibilities to their beneficiaries. I disagree with the wisdom of the extension of this exception and ask the Commissioner to withdraw the proposal. The Representative Payee Program is of such importance to severely disabled beneficiaries and, often times, is the only link to a reasonable means of living. Again, it is critical to consider the extreme imposition upon an individual's basic human rights when control of one's finances, however meager, is removed. This extreme imposition as well as the critical importance of the Program in terms of insuring that basic needs are met can add up to only one result. That being, that ALL payees should be required to undergo a face-to-face meeting. If the Commissioner decides to extend the exception, I would ask that the Commissioner consider requiring a review of the current status of the payee's activities vis-a-vis other beneficiairies to insure that responsbilities are being met before waiving the requirement of another face-to-face interview and to set forth specific criteria for this review. There appears to be no requirement that such a review of current payee activities be completed. This, at a minimum, is owed to the beneficiary. Thank you for consideration of these remarks.