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By: Sipi Gupta | September 22, 2019

A: No.  Here's what you need to know:

  • Under GN 00204.003 of the POMS, if an applicant cannot file for benefits because of a lack of capacity, then someone else can file for that person.
  • In that case, a physician should complete SSA Form 787 certifying that the claimant doesn't have capacity to apply for benefits.  Form SSA 787 is not currently available on the official Web site and should be obtained from the local SSA office.
  • SSA will accept this as evidence of incapacity and allow a 10-day period for the claimant to object.  
  • If there is no objection, then the application is processed by the SSA.
Under this procedure, guardianship is not required.

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