W became unable to do any substantial work for profit in November 1958. In March 1961 he was declared legally incompetent and was committed to the state hospital.

His sister was appointed as his legal guardian. In September 1961, she applied for social security disability insurance benefits on his behalf.

W was released from the hospital a month later and requested to have his social security disability benefits paid directly to him. He was still under a disability and was still legally incompetent, but his doctor stated that he had been managing some of his own financial affairs and that it would be therapeutic for him to manage his own benefits, that this would help in his rehabilitation, and would be in his best interests.

The first question was whether W had filed a valid application for social security disability benefits. The answer was yes, because social security regulations provide that a person may file an application through a legally appointed guardian, committee, or representative.

The second question was whether the disability benefits could be paid directly to W, even though he was still legally incompetent.

The answer again was yes because the evidence showed that he had been managing some of his own personal affairs and that payment directly to him would be therapeutic, would assist in his rehabilitation, and would be in his best interest.

See Social Security Ruling (SSR) 62-46.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.