Wisconsin Department of Health and Social Services, QC No. 38 (1993)

Department of Health and Human Services

Departmental Appeals Board

AFDC QUALITY CONTROL REVIEW PANEL

SUBJECT: Wisconsin Department   
of Health and
Social Services
Docket Nos. A-93-005
A-93-006
Decision No. QC 38

DATE:

 DECISION

The Wisconsin Department of Social Services (Wisconsin)
appealed the quality control (QC) review determination of
the Regional Administrator of the Administration for
Children and Families (ACF) in State QC review numbers
511381 and 611413.   1/  ACF determined that the
assistance units (AUs) in these cases were overpaid for
their respective review months of August 1991 (Docket No.
A-93-005) and September 1991 (Docket No. A-93-006). 
ACF's determination was based on federal QC review
findings that the recipients in these two cases did not
furnish  social security numbers (SSNs) for their
children.

For the reasons discussed below, we uphold ACF's
determinations.

Relevant Legal Authority

Section 1137(a) of the Social Security Act (Act) provides
that, as a condition of eligibility for AFDC payments
under Title IV-A of the Act, a state shall require that
"each applicant for or recipient of benefits . . .
furnish to the State his social security account
number. . . ."  Regulations implementing this requirement
(commonly referred to as the "enumeration requirement")
were issued in 1986.  Section 205.52 of 45 C.F.R. states
in pertinent part that a state Title IV-A plan must
provide that - -

  (a)  As a condition of eligibility, each
 applicant for or recipient of aid will be required:

  (1)  To furnish to the State or local agency,
 a . . . SSN . . . and

  (2)  If he cannot furnish a SSN (either because
 such SSN has not been issued or is not known), to
 apply for such number through procedures adopted by
 the State or local agency . . . . If such
 procedures  are not in effect, the applicant or
 recipient shall  apply directly for such number,
 submit verification  of such application, and
provide  the number upon its  receipt.

45 C.F.R. � 205.52 (emphasis added).

Under the Omnibus Budget Reconciliation Act of 1989
setting up the present QC system, a payment shall be
considered erroneous for QC purposes if made to a family
"any member of which is a recipient of aid . . . and does
not have a [SSN] . . . (unless an application for a [SSN]
. . . for the family member has been filed within 30 days
after the date of application for such aid)."  Section
408(c)(4)(B) of the Act.

Section 3539 of the Quality Control Manual (QCM)   2/
issued by ACF contains several options for applying for a
SSN.  Under the Enumeration at Birth (EAB) procedure, the
procedure used by the recipients in these cases, a parent
may apply for a SSN for a newborn child through the
hospital at which the child is born.  The hospital sends
the necessary information to the state's vital statistics
office, which in turn transmits the information to the
Social Security Administration (SSA) via magnetic tape
for automatic issuance of a SSN.  The QCM provides that,
where this option is used, proof of application must be
provided for the case file and the applicant or recipient
must furnish the SSN to the local agency upon its
receipt.  Furnishing the SSN upon receipt is now defined
by regulation as furnishing the SSN to the local agency
by the next redetermination of eligibility immediately
following receipt of the SSN or within six months of
receipt, whichever occurs first.  57 Fed. Reg. 46,808
(Oct. 13, 1992) (to be codified at 45 C.F.R. � 
205.42(d)(2)(v)(B)); QCM � 3539.  A state may also have
an agreement with the SSA through which the local agency
accepts applications for SSNs (termed an "agreement"
state).  Once proof of application is in the case file,
an AFDC applicant or recipient does not have to provide
the SSN, when received, to the local agency, because SSA
sends the number directly to the agency.  In other cases,
a state may refer an applicant or recipient to the SSA
District Office to make direct application for a SSN
(termed a "non-agreement" state).  In a non-agreement
state, the applicant or recipient without a SSN must
first provide proof of application for a SSN and then
furnish the SSN, when received, to the local agency.   3/
QCM � 3539.  Wisconsin is an agreement state.

Background:

Docket No. A-93-005:  LW's   4/ child, JH, was born on
September 23, 1990.  LW applied for a SSN for JH under
the EAB procedure.  SSA records indicate that a SSN for
JH was issued on November 15, 1990.   5/  Ex. H to ACF's
January 21, 1993 brief.  In August 1992, LW stated that
she had reported JH's SSN to the local agency prior to an
April 1991 review.  Ex. E to ACF's November 13, 1992
Brief.  The record shows that on March 13, 1991, LW did
report a seven digit SSN for JH, as well as nine digit
SSNs for herself and another child, CH.  Ex. A to ACF's
November 13, 1992 brief at page 2L.  The record shows
also that LW reported an incorrect nine digit SSN for JH
during the State QC review in September 1991.  September
29, 1992 State Appeal Request, attachment dated September
12, 1991.  The first correct nine digit SSN for JH was
not recorded in the case file until November 1991.  Ex. F
to ACF's November 13, 1992 Brief. 

Docket No. A-93-006:  SC's child, IC, was born on
September 21, 1990.  SC applied for a SSN for IC under
the EAB procedure.  SSA records indicate that a SSN for
IC was issued on November 14, 1990.  Ex. I to ACF's
January 21, 1993 Brief.  By the September 1991 review
date, however, SC had not reported IC's SSN to the local
agency. 

Wisconsin's Arguments

Wisconsin makes two principal arguments here.  First,
Wisconsin asserts that LW did, in fact, report her
child's SSN prior to the review date.  Second, Wisconsin
asserts that in both cases the recipients were not
required to provide their children's SSNs upon receipt
because they had applied for those numbers through
federally developed procedures adopted by Wisconsin.

In support of its first argument, Wisconsin points to
LW's submission of an incorrect SSN in March 1991, and
her statement of August 1992, as evidence that LW did, in
fact, report a SSN for her child.  Wisconsin disputes
that a finding of an overpayment was required by the
statement in the QCM upon which ACF relied that, "if the
fact that the SSN was inaccurate should have been
apparent to the caseworker on the face of the record, an
error can be coded. . ."  Wisconsin argues that use of
the word "can" in this sentence implies that ACF has a
choice of whether or not to find an error here. 
Wisconsin maintains that its interpretation is supported
by 45 C.F.R. � 205.52(c) which provides that the local
agency will not deny, delay or discontinue assistance
pending verification of the SSN.  Moreover, while
Wisconsin admits that the SSN was not correctly reported
as of the review date, it argues that verification of the
SSN is a separate procedure which does not make the
client ineligible.  Wisconsin asserts that LW never
refused to cooperate in submitting her child's SSN, and,
in fact, submitted a nine digit number to State QC
reviewers in September 1991.  Finally, Wisconsin argues
that ACF has misconstrued the intent of the law (which
Wisconsin asserted was to give states leverage in getting
numbers from uncooperative clients) in its overpayment
determination here.
 
With regard to its second argument Wisconsin asserts,
citing 45 C.F.R. � 205.52(a)(2), that the enumeration
requirement is met in an agreement state like Wisconsin
if a SSN is issued or an application for a SSN is made
for each member of the AU.  Thus, Wisconsin argues, as LW
and SC's applications for SSNs for their children were
made via EAB, and as EAB is a method of applying for a
SSN through procedures adopted by the state, there is no
regulatory requirement that the SSNs be provided to the
local agency upon receipt.

Analysis

1.  Wisconsin's First Argument:  Section 205.52(a) of 45
C.F.R. requires a recipient to furnish a SSN.  A SSN
contains nine digits.  Despite LW's statement that she
had reported her child's SSN to the local agency prior to
her April 1991 review, there is no evidence in the record
that she provided a nine digit number until after the
review date (August 1, 1991). 

Pursuant to the QCM, if a QC reviewer discovers that the
SSN of record is inaccurate, an error "can" be coded if
the fact that the SSN is inaccurate should have been
apparent to the caseworker on the face of the record. 
The QCM requires that evidence of an applicant's SSN as
presented to the caseworker should be further
investigated by the caseworker if there is doubt as to
whether the SSN could be a SSN, whether the SSN has
enough digits in the proper sequence, or whether the name
on the document is the applicant's name.  The QCM states
that only if the inaccuracy could not have been readily
apparent to the caseworker is no error required to be
coded.  Here, LW's caseworker should have realized from
the face of the document in the case file that the SSN
was incorrect because digits from the child's SSN were
missing.  Thus, this was a situation in which the QCM
provided that an error "can" be coded.

Wisconsin has interpreted the word "can" as giving the QC
reviewer discretion to make an error determination in
this situation.  We believe, however, that Wisconsin's
interpretation takes the word "can" out of the context of
this QCM provision, which ACF reasonably interpreted as
requiring that an error be coded in any case in which the
inaccuracy of the SSN is apparent from the case file. 
Not to treat an obviously inaccurate SSN as an error in
such situations would undermine the requirement for
reporting a SSN.  The purpose behind the enumeration
requirement is to use recipients' SSNs to obtain
verification of an AU's income to determine eligibility
and benefits.  If LW, or any other applicant or
recipient, were permitted to fulfill the enumeration
requirement by only reporting part of a SSN, the
enumeration requirement would be meaningless, as the
local agency would be unable to utilize the SSN to obtain
the information it needs.

We also disagree with Wisconsin's argument that since 45
C.F.R. � 205.52(c) provides that verification of a SSN is
a procedure separate from enumeration, LW's submission of
 an incorrect SSN prior to the review date should satisfy
the enumeration requirement here.  Wisconsin's reliance
on section 205.52(c) is misplaced.  A seven digit SSN is
incorrect on its face and cannot be verified for
accuracy.  Thus, Wisconsin would not have been denying
assistance "pending verification of the SSN" within the
meaning of that section if it had not made the payment in
question. 

Wisconsin asserts also that since LW did not refuse to
cooperate no error should be found.  However, we have
previously held that failure to report a SSN alone is
sufficient to show refusal to cooperate and require
exclusion of the needs of AU members without SSNs.  New
Mexico Human Services Dept., DAB QC15 (1992). 
Furthermore, Wisconsin did not cite any authority (nor
are we aware of any) which indicates that the intent of
the law was merely to give states leverage in getting
SSNs from uncooperative clients. 

2.  Wisconsin's Second Argument:  In prior decisions we
have sustained ACF's findings of erroneous payments in
cases where AFDC applicants or recipients who have
properly applied for their children's SSNs through the
EAB procedure have failed to furnish their children's
SSNs to the local agency upon receipt.  We held that it
was not sufficient to satisfy the enumeration requirement
that an applicant for or recipient of AFDC actually have
a SSN or have applied for one.  An applicant or recipient
who obtains a SSN must furnish it to the local agency
upon receipt.  Wisconsin Dept. of Health and Social
Services, DAB QC29 (1992); Nebraska Dept. of Social
Services, DAB QC25 (1992); Missouri Dept of Social
Services, DAB QC22 (1992); DAB QC15.  The requirement
that an applicant or recipient furnish the SSN upon
receipt, however, has recently been modified for
recipients enumerated through the EAB procedure to
require that the SSN be furnished by the next
redetermination of eligibility immediately following
receipt of the SSN or six months from the date of
receipt, whichever occurs first.  This modification
controls our decision in this case, since its effective
date is retroactive to October 1, 1990.  57 Fed. Reg.
46,782 (Oct. 13, 1992).  However, even applying this
modification, the record before us indicates that LW and
SC both received their children's SSNs more than six
months prior to their respective review dates.   6/  
Furthermore, neither woman had reported her child's SSN
to the local agency by the review date.  Thus, even under
this more generous standard, the SSNs were not reported
timely.

Finally, Wisconsin has argued that the EAB procedure
through which LW and SC applied for their children's SSNs
was an agreement state procedure and that it was
therefore unnecessary for them to report the SSNs. 
However, as we held in DAB QC29, the EAB procedure does
not constitute an agreement state procedure since it is
not based on an agreement between the state and the SSA
through which the state accepts applications for SSNs. 
Even though Wisconsin had such an agreement, applications
for the SSNs in question here were not made pursuant to
its terms, but rather under the alternative EAB
procedure.  Furthermore, applicants or recipients who
apply for a SSN through agreement state procedures are
not required to report the SSN to the state because the
SSA reports the SSN directly to the state.  There is no
such arrangement under the EAB procedure.  Thus, the
rationale for not requiring recipient reporting under
agreement state procedures does not apply here.

Conclusion

For the reasons discussed above, we conclude that the AUs
were overpaid for their respective review months. 
Accordingly, we affirm ACF's determinations.

 

                                     
     Leslie A. Sussan

 

                                     
     Carolyn Reines-Graubard

 

                                     
     Maxine M. Winerman


* * * Footnotes * * *

         1.  These cases have been consolidated as the
legal issues in each case are the same.
         2.  In this decision, we refer to the current
version of the QCM, last revised on October 27, 1992,
unless it differs materially from the version of the QCM
in effect at the time of the local agency review.
         3.  However, in a non-agreement state, if the
state and the SSA have agreed that the state will provide
local SSA District Offices with welfare identification
numbers for referred individuals, the SSA will provide
the SSNs of those individuals to the state and the
applicant or recipient does not have to furnish the SSN
to the local agency.  QCM � 3539.
         4.  We identify the recipients by their initials
in order to protect their privacy.
         5.  SSA reissued the SSN on November 15, 1991. 
By this time, however, LW had already furnished JH's SSN.
 Exhibit H to ACF's January 21, 1993 brief.
         6.   Section 3539 of the QCM currently states
that an individual applying for a SSN should receive the
card within two weeks of the date that the application is
processed by SSA.  The QCM further states that in a
situation where a recipient cannot recall the date of
receipt, the QC reviewer is to add 15 days to the card's
issuance date as indicated by the SSA to determine the
date of receipt.  Although this language was not added to
the QCM until September 9, 1991, we find that it is
reasonable to adopt this methodology for determining a
presumed date of receipt in these cases, as the date of
receipt is not identified in the record and neither
mother has asserted that she did not receive her child's
SSN in a timely manner.  Thus, utilizing this
methodology, LW should have received her child's SSN by
approximately November 30, 1990.  Since the review month
in question is August 1991, LW presumably received the
SSN eight months before the review month.  SC should have
received her child's SSN by November 29, 1990.  Since the
review month in question for SC is September 1991, SC
presumably received the SSN nine months before the review
month.

 

(..continued)