GAB Decision 618
January 18, 1985
New York State Department of Social Services;
Ballard, Judith A.; Garrett, Donald F. Teitz, Alexander G.
Docket No. 84-230
The New York State Department of Social Services (State) originally
appealed the disallowance of $200,660 in federal financial participation
(FFP) by the Social Security Administration (Agency). The State did not
appeal $12,322 of the disallowance; the sum of $25,027 is being
considered separately in Docket No. 84-231. Remaining in dispute is
$163,311 in FFP in claims made under Title IV-A of the Social Security
Act.
The grounds for the disallowance were that the claims were
unallowable because they were not filed within the limitations for
timely filing of claims under certain statutes and regulations.
In its appeal the State pointed out that so far as the Agency's
decision to disallow FFP here relied on Pub. L. 97-92, Pub. L. 97-276,
and regulations issued pursuant to those laws, the disallowance was
wrong under Joint Consideration - Timely Filing of Claims, Decision No.
576, October 5, 1984. This decision held that the cited statutes and
regulations did not permanently bar reimbursement of expenditures made
prior to fiscal year 1979 which were not claimed within one year after
the fiscal year in which the expenditures occurred.
It appears from the disallowance notice that all the claims here were
for expenditures after fiscal year 1979, and were filed more than two
years after the quarter in which the expenditures occurred. These
claims would therefore in any event be barred by section 1132 of the
Social Security Act, added by section 306 of Pub. L. 96-272.
The State contended that Pub. L. 96-272, which on its face limited
the State's right to make this claim, should not be interpreted to have
this effect. The State admitted that the Board had ruled against the
State on this question in New York State Department of Social Services,
Decision No. 521, March 6, 1984, and requested the Board to issue a
summary decision based upon Decision No. 521.
(2) The State further admitted that there were no facts
distinguishing the claims in this case, or their filing, from Decision
No. 521. We therefore conclude that the claims here are barred by
statutory filing limitations and sustain the disallowance of $163,311
FFP based on Decision No. 521, which we incorporate herein.
MARCH 19, 1985