GAB Decision 745
April 28, 1986
Texas Rehabilitation Commission;
Docket Nos. 85-249 through 85-256 86-3; 86-6; 86-23; 86-24;
Garrett, Donald F.; Teitz, Alexander G. Settle, Alexander D.
The Texas Rehabilitation Commission (State) appealed decisions by the
Social Security Administration (Agency, SSA) denying reimbursement for
the cost of vocational rehabilitation (VR) services provided by the
State to 12 individuals. The State claimed reimbursement under section
1615 of the Social Security Act, which authorizes the Secretary to pay
the states from title XVI funds for the successful rehabilitation of
blind or disabled individuals receiving Supplemental Security Income
(SSI) benefits under that title. Proceedings in these appeals were
stayed, by agreement of the parties, until the issuance of a decision by
the Board in 17 appeals filed earlier by the State which involved the
same issue: whether an individual was "receiving benefits" within the
meaning of section 1615 -- (1) for months in which the individual did
not receive cash payments but remained on the SSA rolls in a non-payment
status or (2) for months with respect to which SSA retroactively
determined that cash payments were improperly made.
In Texas Rehabilitation Commission, Decision No. 727, dated March
18,
1986, the Board held with respect to the 17 earlier-filed appeals
that
an individual was not "receiving benefits" for purposes of
reimbursement
for VR services provided in any month unless the individual
properly
received cash payments under the SSI program during that
month. Since
none of the 17 individuals involved in the appeals met
this criterion,
the Board upheld the Agency's determination denying
reimbursement for
the cost of VR services provided to them.
Upon issuance of Decision No. 727, the Board gave the State
the
opportunity to submit, within 20 days of its receipt of the
decision,
information and argument showing why the 12 appeals identified
above
were distinguishable from the cases(2) considered in Decision No.
727.
The Board further stated that absent any submission by the State,
it
would issue a summary decision based on Decision No. 727. (Letter
to
parties dated March 20, 1986) The State advised the Board on April
22,
1986 that it would not be making any such submission.
Accordingly, since there is no basis in the record for
distinguishing
these 12 appeals from the appeals considered in Decision No.
727, we
uphold the Agency's determination denying reimbursement for the cost
of
VR services to the 12 individuals in question.
MARCH 28, 1987