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