Cabasquini v. Commissioner of Social Services

662 A.2d 145, 38 Conn. App. 522, 1995 Conn. App. LEXIS 340
CourtConnecticut Appellate Court
DecidedJuly 25, 1995
Docket13730
StatusPublished
Cited by28 cases

This text of 662 A.2d 145 (Cabasquini v. Commissioner of Social Services) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cabasquini v. Commissioner of Social Services, 662 A.2d 145, 38 Conn. App. 522, 1995 Conn. App. LEXIS 340 (Colo. Ct. App. 1995).

Opinion

Spear, J.

The plaintiff appeals from the judgment of the trial court affirming the defendant’s disbursement of a portion of the plaintiff’s retroactive social security income benefits to the city of New Haven. On appeal, the plaintiff asserts that the disbursement was improper because (1) the plaintiff’s written authoriza[524]*524tion for such disbursement, required by statute,1 had expired, and (2) the retroactive benefits were not disbursed within ten working days after the defendant received the benefit checks as required by statute.2 We disagree with both of the plaintiffs assertions and affirm the judgment of the trial court.

The pertinent facts are as follows. The plaintiff applied for supplemental security income disability benefits on October 29,1986. Whñe his application was pending, the plaintiff received interim assistance from the city of New Haven.3 The plaintiff signed a written authorization that permitted the Social Security Administration (SSA) to disburse the plaintiff's retroactive supplemental benefits to the defendant for the purpose of reimbursing the city for the interim assistance it had paid to the plaintiff.4 The trial court found that the authorization expired on July 15,1992. On January 5, 1993, the plaintiff received notice that he had been awarded supplemental benefits totaling $12,094.425 [525]*525and that his initial retroactive supplemental benefit checks were being sent to the defendant for subsequent remittance to the city. The notice of award also advised the plaintiff that he had a right to appeal the decision of the SSA within sixty days if he disagreed with the amount sent to the state for interim assistance reimbursement. The plaintiff did not appeal.

After learning of the defendant’s receipt and subsequent disbursement of some of his benefits, the plaintiff filed a request for a fair hearing on December 9, 1992.6 The plaintiff claimed that the defendant was not entitled to reimburse the city because his written authorization had expired. Further, the plaintiff argued that because the defendant had failed to disburse the plaintiff’s supplemental benefits within the statutory ten day period, federal law mandated that the defendant remit the entire amount directly to him. A fair hearing was held on January 28, 1993.

The fair hearing officer concluded that the defendant properly reimbursed the city from the proceeds of the plaintiff’s retroactive supplemental benefits despite the expiration of the authorization and the lapse of the ten working day period for processing the checks. The plaintiff appealed this decision to the trial court. The trial court upheld the decision of the fair hearing officer, and this appeal ensued.

First, we note that our review of an administrative appeal is limited. Our Supreme Court has established a firm standard that is “ ‘appropriately deferential to agency decision making, yet goes beyond a mere judicial “rubber stamping” of an agency’s decisions.’ ” Connecticut Light & Power v. Dept. of Public Utilities Control, 219 Conn. 51, 57, 591 A.2d 1231 (1991); Wood-[526]*526bury Water Co. v. Public Utilities Commission, 174 Conn. 258, 260, 386 A.2d 232 (1978). Courts will not substitute their judgment for that of the agency where substantial evidence exists on the record to support the agency’s decision, and where the record reflects that the agency followed appropriate procedures. Samperi v. Inland Wetlands Agency, 226 Conn. 579, 587, 628 A.2d 1286 (1993); Lieberman v. State Board of Labor Relations, 216 Conn. 253, 262, 579 A.2d 505 (1990); Baerst v. State Board of Education, 34 Conn. App. 567, 571, 642 A.2d 76, cert. denied, 230 Conn. 915, 645 A.2d 1018 (1994).

I

The plaintiff first maintains that the expiration of his written authorization terminated the defendant’s right to remit a portion of his retroactive supplemental benefits to the city as reimbursement for the interim assistance it furnished to the plaintiff. The plaintiff principally relies on 42 U.S.C. § 1383 (g) (l)7 in support of his contention. Section 1383 (g) (1) requires written authorization from the recipient before the SSA may disburse benefit checks to the state for subsequent remittance to the municipality for reimbursement. Because the plaintiff’s authorization had expired at the time the defendant remitted a portion of the plaintiff’s supplemental benefits to the city,8 the plaintiff claims that the defendant violated § 1383. We disagree.

Federal statute 42 U.S.C. § 1383 (g) (1) and 20 C.F.R. § 416.19Q49 compel us to conclude that the plaintiff’s [527]*527claim should have been asserted against the SSA, not the defendant. Under federal law, the burden is on the SSA, not the state, to ensure the presence of a valid written authorization. While § 1383 (g) (1) governs the need for written authorization before the initial disbursement of funds from the SSA to the state, the statute is silent concerning the need for such authorization before the state can subsequently remit funds to the municipality for reimbursement.

Section 416.1904 conclusively places the onus on the SSA, not the state, to confirm that a valid written authorization has been filed. That regulation states that the SSA can not “withhold [a recipient’s supplemental] benefit payment and send it to the State” until an authorization has been filed. As in § 1383 (g) (1), this regulation places no legal obligation on the defendant to ascertain whether the plaintiff has filed a valid authorization. Federal law, therefore, affords the plaintiff no relief against the defendant.

The plaintiff was fully informed of his right to appeal SSA’s decision to disburse his retroactive supplemental benefits to the defendant despite the expiration of his authorization. If the plaintiff believed that the expiration of his authorization necessitated that all retroactive benefit disbursements be paid directly to him, then the plaintiff should have exercised his right to appeal. Having failed to file a timely appeal, the plaintiff forfeited his right to challenge the decision of the SSA.

Connecticut statutes also militate against the plaintiff’s claim. General Statutes § 17b-128, which establishes the responsibilities of interim assistance recipients, directs that “[a]ny person who receives relief from any town or municipality of this state shall be liable to reimburse such town or municipality for any moneys or relief received.” Further, General Statutes [528]

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Bluebook (online)
662 A.2d 145, 38 Conn. App. 522, 1995 Conn. App. LEXIS 340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cabasquini-v-commissioner-of-social-services-connappct-1995.