Missouri Department of Social Services, QC No. 46 (1993)

Department of Health and Human Services

Departmental Appeals Board

AFDC QUALITY CONTROL REVIEW PANEL

SUBJECT:  Missouri Department    
of Social Services
Docket No. A-93-46
Reconsideration of
Decision No. QC30

DATE:  April 2, 1993

 DECISION ON RECONSIDERATION

The Administration for Children and Families (ACF)
requested reconsideration of the decision of the Quality
Control Review Panel (Panel) in Missouri Dept. of Social
Services, Decision No. QC30 (1992), reversing a federal
quality control (QC) review determination regarding State
QC review number 49223.  We agreed to reconsider our
decision since ACF had alleged that the Panel made an
error of law in applying certain provisions of the QC
Manual.  Letter to parties dated 12/24/92.  Upon
reconsideration, however, we find no error of law and,
accordingly, we affirm our decision.

Background

ACF determined that there was a $44 underpayment in the
Aid to Families with Dependent Children (AFDC) grant paid
for May 1991 to the assistance unit (AU) in question.  In
determining the amount of the underpayment, ACF found an
error in two QC review elements:  Element #311 (Wages &
Salaries) and Element #321 (Earned Income Deductions). 
ACF found with respect to Element #311 that there was a
discrepancy between the AU's actual income and its
estimated income for the review month due to a job change
(to a higher paying job) by one member of the AU, M.J.,
which was not taken into account in making the estimate.
 Missouri did not dispute that this discrepancy existed
but viewed it as a payment adjustment lag (PAL) error
which did not require a finding of a payment error under
ACF policy.  Both parties agreed that there was an error
in Element #321 due to Missouri's failure to apply the
"$30 and one-third disregard" in determining the amount
of the AU's income and that this error alone resulted in
a $75 underpayment to the AU.   1/ 

In Decision No. QC30, the Panel agreed with Missouri that
the error in Element #311 constituted a PAL error rather
than a regular error and was not properly considered in
determining the amount of the underpayment.  The Panel
noted that section 3300 of the QC Manual issued by ACF on
August 30, 1990 defines a PAL error as one which results
from a change in the AU's circumstances that occurred in
the review month or the month immediately preceding the
review month.  As the Panel noted, that section further
provides that "[i]n ongoing cases involving income, the
change in circumstance is the date income received first
differs from the income amount used to compute the review
month's payment."  The job change which resulted in the
discrepant estimate in this case occurred in the month
preceding the review month.  Accordingly, under section
3300, there was a PAL rather than a regular error.

The Panel also found, however, that section 3420.C. of
the QC Manual contains a special rule for errors which
are based on estimates of an AU's prospective income,
requiring that an error which results from an inaccurate
estimate be treated as a regular error, even if it would
otherwise be a PAL error based on the date of the change
in circumstance.  The Panel noted that, under section
3420.A., an accurate estimate is one which "encompasses
all information which could have been known at the time
the estimate was made."  Decision No. QC30, at 2, quoting
section 3420.A.  The Panel nevertheless concluded that
section 3420.C. did not require the error in Element #311
to be treated as a regular error because the estimate was
in fact accurate.  In concluding that the estimate was
accurate, the Panel relied on section 3300 of the QC
Manual, which provides that the change in circumstance in
an ongoing case occurs "on the date that the income
received first differs from the prior income."  The Panel
stated:

 In our view, ACF cannot reasonably maintain that
Missouri should have known of M.J.'s change in
circumstance at the time it made the estimate on
April 15, 1991 when, applying ACF's own rule, this
change in circumstance did not occur until April 16,
1991.

Decision No. QC30, at 6. 

The Panel also rejected ACF's contention that the
estimate was inaccurate because Missouri failed to apply
the $30 and one-third disregard to the AU's estimated
income.  The Panel stated that this fact had no bearing
on the question of whether the error in Element #311 was
a PAL or regular error since ACF treated the failure to
apply the disregard as an error in a separate QC review
element.  See Decision No. QC30, at 3, n.2. 

ACF requested reconsideration of Decision No. QC30 on the
ground that the Panel incorrectly relied on section 3300
of the QC Manual in finding that the discrepancy between
actual and estimated income constituted a PAL error. 
According to ACF, section 3300 of the QC Manual is "only
applicable to the after the fact classification of
payment discrepancies for [quality control] reporting
purposes," and thus has no bearing on whether an estimate
is accurate under section 3420.A.  Request for
reconsideration at 3.  ACF asserted that the estimate was
inaccurate under the terms of section 3420.A. because
Missouri could have discovered that the individual in
question had changed employment by simply contacting her.
 
ACF also argued again that the estimate was inaccurate
because Missouri failed to apply the $30 and one-third
disregard.  ACF stated that section 3420.A. provides that
an accurate estimate is one which is "calculated
correctly," and asserted that the failure to apply the
disregard resulted in an estimate that was not calculated
correctly. 

Below, we discuss each of ACF's arguments in turn.

Discussion   

1.  Whether the estimate was inaccurate because
information concerning the job change could have been
known at the time the estimate was made.

While ACF's request for reconsideration is broadly
worded, it appears that what ACF is challenging is the
Panel's reliance on section 3300 of the QC Manual in
deciding the threshold question whether the estimate was
accurate.  ACF does not appear to dispute that, if the
estimate was accurate, section 3300 rather than section
3420.C. would govern the determination of whether the
error was PAL or regular, and that, pursuant to section
3300, there was a PAL error here.      

As indicated previously, ACF argued that the Panel erred
in finding that section 3300 was the governing provision
for estimating income.  However, the Panel did not find
that section 3300 governed directly.  The Panel merely
used that section's definition of a change in
circumstances to determine what information should be
considered information Missouri could have known within
the meaning of section 3420.A. 

Moreover, even if the Panel had not applied the
definition in section 3300 of a change in circumstances
in concluding that Missouri could not have known of the
job change when it made the estimate, the same conclusion
would still be justified on the facts of this case.  
Missouri's procedures generally required the May 1991
estimate to be based on an average of the income reported
by an AU on monthly status reports (MSRs) for February
and March, as well as on any changes that may have been
reported outside of the MSR system.  See IM-#25, dated
3/14/91, attached to Missouri's submission dated 1/15/93.
 In cases where the recipient just started working, the
procedures required the use of available information to
make the best possible estimate of the recipient's
expected average monthly income.   2/  Id.  Consistent
with these procedures (which ACF did not dispute
constituted permissible state practice), Missouri based
the estimate solely on the March MSR, since M.J. had no
income in February and the job change was not reported
until May (the month for which the payment in question
was made).   3/  See Missouri's submission dated 1/15/93:
 MSR-1 received 3/5/91, at 2; MSR-1 received 4/8/91, at
2; IM-30 dated 4/15/91.  Thus, in order to obtain
information about the expected earnings from M.J.'s new
job, the state agency would have had to initiate contact
with M.J. after all the information-gathering required by
state procedures was completed.  Moreover, since the job
change occurred only days before the estimate was made,
the state agency could not have obtained the necessary
information unless the contact was initiated within those
few days.  We are aware of nothing in the QC Manual or in
the regulations governing the AFDC program which requires
that client contact be initiated immediately prior to the
authorization of payment to ensure that there have been
no last-minute changes in the wage information used to
determine the payment amount.

Furthermore, section 3420.A. states that the QC reviewer
must determine the accuracy of the estimate by
"verify[ing] actual income and circumstances for the time
period from which the estimate was made. . . ." (Emphasis
added.)  As indicated above, the estimate in question
here reflected all information for the time period on
which Missouri's procedures required the estimate to be
based.  Accordingly, the estimate would have been
accurate within the meaning of the quoted language even
if Missouri could have obtained information about the job
change before it made the estimate. 

ACF nevertheless asserted that the Panel's reliance on
section 3300 changed or weakened the requirement for an
accurate estimate.  However, this assertion was based on
the language of the August 1991 revisions to the QC
Manual, which revised section 3420 to require an estimate
which "accurately reflects all facts that occurred
(whether known or unknown to the State) during the time
frame(s) which the state uses to determine the estimate."
 This is a more stringent standard than is set out in the
earlier version of section 3420, since it requires that
the estimate take into account all facts, whether or not
the state could reasonably be expected to have known
them.  Thus, even if the analysis in Decision No. QC30 is
inconsistent with the requirements of section 3420 as
revised, that analysis is clearly consistent with the
language of the earlier version which is applicable to
these facts.   4/ 

We therefore affirm our conclusion that ACF incorrectly
found that the estimate was inaccurate because it was not
based on all information which could have been known.

2.  Whether the estimate was inaccurate because Missouri
failed to apply the $30 and one-third disregard.

After other applicable disregards are applied, an AU is
entitled to have $30 of monthly earned income and one-
third of the remaining amount disregarded for purposes of
determining whether the AU meets the standard of need and
is eligible for AFDC.  The requirement for the $30 and
one-third disregard appears at section 402(a)(8) of the
Social Security Act, and was implemented by ACF at 45
C.F.R. � 233.20(a)(i)(D) as well as in section 3555.C. of
the August 1990 QC Manual.  

As indicated above, Missouri determined that it erred in
failing to apply the $30 and one-third disregard and
found an error in QC review element #321, which pertains
specifically to the $30 and one-third disregard.  ACF
agreed that there was an error in Element #321 but took
the position that the failure to apply this disregard
also resulted in an inaccurate estimate of the AU's
income, and, consequently, in an error in Element #311
(Wages & Salaries) as well.  However, in Decision No.
QC30, the Panel found that since ACF treated the failure
to apply this disregard as an error in a separate QC
review element, it was not a basis for finding the
estimate inaccurate.

The only basis for challenging the Panel's conclusion
which ACF advanced in requesting reconsideration is that
section 3420.A. provides that an accurate estimate must
be "correctly calculated."  However, that language does
not appear in the August 1990 version of the QC Manual
which was applicable here, but only in the August 1991
revision.  Moreover, the basic function of the disregard
is to lessen the effect of earned income in determining
whether an AU meets the standard of need.  The disregard
is not applied to determine whether there is a
discrepancy between actual and estimated income, which
may require a finding of an error in Element #311.  Thus,
we see no reason why failure to apply the disregard
should render the estimate inaccurate in the absence of a
clear indication to this effect in the statute, the
regulations or the QC Manual.  We therefore affirm our
conclusion that the estimate was not inaccurate on this
basis.


Conclusion

For the foregoing reasons, we affirm our decision
reversing ACF's determination that there was a $44
underpayment in State QC review number 49223.

 

                                ______________________
                                Carmen Cafasso


                                ______________________
                                Maxine M. Winerman


                                _______________________
                                Carolyn Reines-Graubard


* * * Footnotes * * *

      1.    The $44 underpayment found by ACF was the net
of this $75 underpayment and an overpayment resulting
from the job change.
      2.    Missouri converted from a retrospective
budgeting system based on MSRs to a prospective budgeting
system based on change reporting effective May 1, 1991. 
These procedures applied during the transition.  Id.    
      3.    Missouri asserted in its 1/15/93 submission
that the job change was reported on 5/16/91 on a modified
IM-2. 
      4.    The Panel expressly stated that its decision
was based on the earlier version of section 3420, but
noted in passing that the revisions did not appear to
make any substantive change.  See Decision No. QC30, at
2, n.1.  As indicated above, on closer examination, we
conclude that the relevant provisions of the August 1991
revisions are substantially different from those of the
earlier version.  ACF took the position that the August
1991 revisions merely clarified the earlier version. 
However, even if the policy as clarified was what ACF
originally intended, this is not apparent from the
language of the earlier version.