1607. Lay Evidence of Incapability

Lay evidence is information that helps us understand how a beneficiary has been managing any funds available to meet his or her daily needs. Generally, lay evidence is anything other than legal or medical evidence which gives insight into a person's ability to manage or direct the management of his or her funds. Some examples include:

1. Our observations (during a face-to-face interview) of the person's behavior, reasoning ability, how he or she functions with others and how effectively he or she pursues the claim;

2. Any signed statements from, or contacts with people (such as relatives, close friends, neighbors or landlords) who are in a position to know of the beneficiary's ability to manage his or her funds.

Last Revised: Mar. 28, 2003