Fair Hearing of the Month
Fair Hearing #6016440Z (October 10, 2012)
April 17, 2013
Congratulations to Eugene Doyle, P.O.O.R.!
To prove its entitlement to interim assistance, Agency must provide valid authorization for withholding the initial SSI payment.
Appellant had been in receipt of SNA benefits. On 8/31/10 the Appellant applied for SSI benefits and was subsequently awarded benefits retroactive to September, 2010. The Agency determined that Appellant had received interim assistance in the amount of $5,874.31. Based on the Agency’s calculations, the Social Security Administration provided the entire amount of the Appellant’s initial SSI payment to the Agency as reimbursement for interim assistance granted.
At the hearing, the Agency failed to establish a valid basis for withholding the Appellant’s initial SSI from the Appellant. To withhold initial payment the Agency must have a valid authorization which allows the Social Security Administration to pay the Agency the initial SSI payment and allows the Agency to deduct from the initial payment the amount of SNA. Here, the Agency failed to produce a valid authorization. The Agency’s determination cannot be sustained.
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