Page:United States Statutes at Large Volume 113 Part 3.djvu/331

 PUBLIC LAW 106-169—DEC. 14, 1999 113 STAT. 1849 "(f) HEARING.—Any qualified individual who is dissatisfied with a determination by the Commissioner of Social Security to make payment of the qualified individual's benefit to a representative payee under subsection (a) of this section or with the designation of a particular person to serve as representative payee shall be entitled to a hearing by the Commissioner of Social Security to the same extent as is provided in section 809(a), and to judicial review of the Commissioner of Social Security's final decision as is provided in section 809(b). " (g) NOTICE REQUIREMENTS. — "(1) IN GENERAL.—In advance, to the extent practicable, of the payment of a qualified individual's benefit to a representative payee under subsection (a), the Commissioner of Social Security shall provide written notice of the Commissioner's initial determination to so make the payment. The notice shall be provided to the qualified individual, except that, if the qualified individual is legally incompetent, then the notice shall be provided solely to the legal guardian or legal representative of the qualified individual. "(2) SPECIFIC REQUIREMENTS.— Any notice required by paragraph (1) shall be clearly written in language that is easily understandable to the reader, shall identify the person to be designated as the qualified individual's representative payee, and shall explain to the reader the right under subsection (f) of the qualified individual or of the qualified individual's legal guardian or legal representative— "(A) to appeal a determination that a representative payee is necessary for the qualified individual; "(B) to appeal the designation of a particular person to serve as the representative payee of the qualified individual; and "(C) to review the evidence upon which the designation is based and to submit additional evidence. " (h) ACCOUNTABILITY MONITORING.— "(1) IN GENERAL. —In any case where payment under this Reports, title is made to a person other than the qualified individual entitled to the payment, the Commissioner of Social Security shall establish a system of accountability monitoring under which the person shall report not less often than annually with respect to the use of the payments. The Commissioner of SOCIEJ Security shall establish and implement statistically valid procedures for reviewing the reports in order to identify instsinces in which persons are not properly using the payments. "(2) SPECIAL REPORTS.—Notwithstanding paragraph (1), the Commissioner of Social Security may require a report at any time from any person receiving payments on behalf of a qualified individual, if the Commissioner of Social Security has reason to believe that the person receiving the payments is misusing the payments. "(3) MAINTAINING LISTS OF PAYEES.—The Commissioner of Social Security shall maintain lists which shall be updated periodically of— "(A) the name, address, and (if issued) the social security account number or employer identification number of each representative payee who is receiving benefit pay- ments pursuant to this section, section 205(j), or section 1631(a)(2); and

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