5 Steps
Check on your clients. Is this happening now? What about former clients?
Step1
Check
Check to see if your client is receiving or is eligible for benefits, where they are going, and counsel accordingly.
Step2
Determine
Determine whether the agency has used your client’s benefits appropriately, in their individual best interest, for unmet needs.
Step3
Request
Request an accounting for use of benefits in your client’s best interest, and convey your client’s stated priorities for the use of their benefits.
Step4
Identify
Identify an alternative representative payee who has your client’s best interest at heart, apply for a change, and establish an exempted account to deposit benefits such as SSI (disability) which have strict asset caps. If no preferred payee is available, the agency may serve, using the benefits per #2 above.
Step5
Demand
Demand fiduciary accountability for agencies serving as payees and raise misuse of funds or breach of fiduciary duty claims if they have violated any of their duties.