New York State Department of Social Services, DAB No. 852 (1987)

DEPARTMENTAL GRANT APPEALS BOARD

Department of Health and Human Services

SUBJECT:  New York State Department of  Social Services

Docket No. 86-172
Decision No. 852

DATE:  March 26, 1987

DECISION

The Family Support Administration, Office of Family Assistance (Agency)
by letter dated July 17, 1986 disallowed a total of $443,184 in federal
financial participation claimed by the New York State Department of
Social Services (State) under Title IV-A of the Social Security Act.
The basis for the disallowance was that the claims were not filed timely
under statutory and regulatory requirements.

The State chose not to appeal claims totalling $188, and requested a
summary decision, based on New York State Department of Social Services,
Decision No. 521, March 6, 1984, for claims totalling $293,941.  A
summary decision for the latter amount was issued on September 30, 1986,
being Decision No. 795 in Docket No. 86-169.  The State requested
argument before the Board for the remaining $149,055.

The State then requested a summary decision as to $913 of the amount
still in issue, based on Decision No. 521.  The Board held this request
in abeyance, as the parties indicated that a settlement of the remainder
of the amount in dispute ($148,142) was possible, and granted a stay to
permit the Agency to examine documentation submitted by the State.

The Agency, after examination of the State's material, withdrew its
disallowance of $147,481, leaving only $661, pertaining to Schoharie
County, still in dispute.  The State withdrew its appeal of this amount
after briefs had been submitted.  This left before the Board for
decision only the $913 for which the State had requested a summary
decision.

These claims totalling $913 were for expenditures made between November
1981 and March 1983.  The claims were not filed until June 7, 1985.  The
basis for the disallowance of these claims was that section 1132 of the
Social Security Act and 45 CFR 95.7 required that claims for
expenditures made from October 1, 1979 on must be filed within two years
after the quarter in which the expenditures were made.

The State repeated the arguments pertaining to the applicability of the
relevant filing requirements which it had put forward in Board Docket
Nos. 83-170 and 83-180, and which the Board had rejected in Decision No.
521.  This appeal does not present any material issues of fact which
distinguish it from Board Docket Nos. 83-170 and 83-180.  The State
submitted no new argument why Decision No. 521 was wrong.  The Agency
stated that it had no objection to the issuance of a summary decision.

We conclude that the claims here are barred by statutory and regulatory
requirements, and we sustain the disallowance of $913 based on Decision
No. 521, which we incorporate herein.

 


                                ________________________________ Judith
                                A. Ballard

 


                                ________________________________ Donald
                                F. Garrett

 


                                ________________________________
                                Alexander G. Teitz Presiding Board
                                Member