The reporting that SSA, in consultation with the Department of Justice, is expected to require will cover appropriate records of the approximately 75,000 people each year who have a documented mental health issue, receive disability benefits, and are unable to manage those benefits because of their mental impairment, or who have been found by a state or federal court to be legally incompetent. The rulemaking will also provide a mechanism for people to seek relief from the federal prohibition on possessing a firearm for reasons related to mental health. In early May 2016 the SSA released more information on the ban in a 41-page preview. Page 19 said: Under our representative payee policy, unless direct payment is prohibited, we presume that an adult beneficiary is capable of managing or directing the management of benefits. However, if we have information that the beneficiary has a mental or physical impairment that prevents him or her from managing or directing the management of benefits, we will develop the issue of capability. If a beneficiary has a mental impairment, we will develop the capability issue if there is an indication that the beneficiary may lack the ability to reason properly, is disoriented, has seriously impaired judgment, or is unable to communicate with others. In other words , once the beneficiary has the SSA’s attention–by having someone help with finances–the process of determining mental health status begins, becoming incrementally intrusive. And if a ruling of mental illness sufficient to meet the reporting threshold is handed down, then the beneficiary will be reported to NICS and prohibited from purchasing firearms. Despite public outcry, the rules have now been finalized.
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