Thomas v. Baltimore City Department of Social Services

649 A.2d 838, 102 Md. App. 258, 1994 Md. App. LEXIS 140
CourtCourt of Special Appeals of Maryland
DecidedSeptember 30, 1994
DocketNo. 135
StatusPublished

This text of 649 A.2d 838 (Thomas v. Baltimore City Department of Social Services) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thomas v. Baltimore City Department of Social Services, 649 A.2d 838, 102 Md. App. 258, 1994 Md. App. LEXIS 140 (Md. Ct. App. 1994).

Opinion

WILNER, Chief Judge.

Mary Thomas had been receiving public assistance benefits from the State of Maryland through its General Public Assistance (GPA) program since 1984. In June, 1992, Ms. Thomas was declared eligible for Federal Supplemental Security Income (SSI) benefits, retroactive from May, 1989. In accordance with applicable Federal law and an agreement that had been entered into between the State and the Federal Department of Health and Human Services, the Social Security Administration, which administers the SSI program, sent the first two checks covering the retrospective SSI payments to the Baltimore City Department of Social Services (DSS)— the agency through which Ms. Thomas had been receiving GPA benefits. DSS deducted and retained from those checks the full amount of GPA benefits that had been paid to Ms. Thomas for the period covered by the retroactive SSI benefits—May, 1989-May, 1992.

Ms. Thomas protested the amount of the deduction. She did not deny the right of DSS to some reimbursement, nor did she contest its right to full reimbursement under Federal law. She contended, however, that its right to reimbursement is limited by State law. That is the issue before us. Ms. [260]*260Thomas lost her case both before an administrative law judge and in the Circuit Court for Baltimore City. Regrettably for her, she shall lose it here as well.

To understand the point in dispute, it is necessary to understand the nature of the GPA and SSI programs and the relationship between them, so we shall start there.

GPA is a State program of temporary public assistance created in 1975 through the enactment of Md.Code art. 88A, §. 65A. Section 65A(a) required the Social Services Administration, a unit within the State Department of Human Resources, to establish and implement a program of State-funded assistance to Maryland residents “who are temporarily in need but not eligible for any other State or federal category of assistance.... ” Eligibility and all other requirements not set forth in the statute were to be established by regulation. § 65A(c).

SSI is a Federal program designed to provide supplemental income to aged, blind, and disabled persons having less than a prescribed minimum of other resources. It is part of the broader Social Security program and is authorized by 42 U.S.C. §§ 1381-1383d.

For our purposes, the essential relationship between the two programs was well and succinctly described by the Second Circuit Court of Appeals in Rivers by Rivers v. Schweiker, 692 F.2d 871, 872 (2d Cir.1982):

“Because the determination of SSI eligibility by the [Social Security Administration] often takes more than one year, many States ... have voluntarily agreed to provide cash assistance payments to individuals during the period between the filing of an SSI application and the receipt of initial SSI benefits. Fearful that states would not provide interim relief without some guarantee of reimbursement, Congress in 1974 provided a mechanism called the Interim Cash Reimbursement Program (IAR), 42 U.S.C. § 1383(g) (Supp.1982), whereby states could recoup interim assistance benefits paid to SSI applicants. To take advantage of the IAR, a state must (1) enter into a formal reimbursement [261]*261agreement with the Federal [Department of Health and Human Services], and (2) obtain written authorization from the individual applying for SSI benefits permitting the Federal [Department] to withhold the individual’s initial SSI check and pay to the state an amount sufficient to reimburse for interim assistance provided the individual.”

This description is fully consistent with both § 1383(g) and with the regulations adopted by the Department of Health and Human Services to implement it. See 20 C.F.R. Ch. III, Subpart S, §§ 416.1901—416.1910. See also Tunnicliff v. Com., Dept. of Public Welfare, 483 Pa. 275, 396 A.2d 1168, 1171-72 (1978).

State law authorizes Maryland to participate in the Interim Cash Reimbursement Program. See Md.Code art. 88A, § 15. It has done so by entering into an agreement with the Department of Health and Human Services consistent with the controlling law and regulations and by requiring SSI applicants, as a condition to receiving interim GPA benefits, to sign an authorization permitting the initial SSI checks to be sent to the State agency (here, DSS) and DSS to retain an amount sufficient to provide full reimbursement for the interim GPA benefits it has paid.

Ms. Thomas signed such an authorization in January, 1987.1 It provided, in pertinent part:

[262]*262“FOR AND IN CONSIDERATION of the prompt payment of State interim assistance (assistance furnished to or on behalf of applicants for supplemental security income financed from State funds for basic needs during the period in which applications are pending), I/we hereby authorize the Secretary of Health and Human Services to make the first payment of supplemental security income benefits ... to which I/we [am/are] determined to be eligible to receive, for and on my/our behalf, to the State of Maryland
I/we further authorize the State to deduct from such payments an amount sufficient as reimbursement for interim assistance paid to me/us; and after making such deduction, the State shall promptly pay the balance, if any, to me/us.”

As noted, appellant’s application for SSI benefits was approved in June, 1992, retroactive from May, 1989. Giving effect to the Interim Payment Reimbursement Authorization signed by appellant in January, 1987, the Social Security Administration sent the first two checks, totaling $14,897, for the retroactive SSI benefits to DSS. DSS deducted and retained $6,911 as full reimbursement for the GPA benefits paid to appellant during the three-year period and sent its own checks for the balance of $7,564 to appellant.

Appellant protested the amount of the deduction. Her complaint arises solely from State law, in particular art. 88A,- §§ 65A(e) and 76. In a nutshell, she maintains that, under those statutes, the reimbursement applicable to any month cannot exceed an amount that would cause the balance of the SSI payment for that month, when coupled with the GPA benefit received for that month, to be less than an amount declared by the State to be her minimum need.

Section 65A(e) is part of the section authorizing the GPA program. It provides that, in determining an individual’s eligibility for GPA and in determining the amount of assistance an individual receives, the Social Services Administration “may not consider monetary or in-kind contributions that are up to the difference between the State’s standard of need [263]*263and the sum of the total grant and the amount of food stamps, whether received on a onetime or continuing basis, as income or as a potential resource.... ” (Emphasis added).

Section 76 of art. 88A provides:

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Related

Rivers v. Schweiker
692 F.2d 871 (Second Circuit, 1982)
Tunnicliff v. COM., DEPT. OF PUBLIC WEL.
396 A.2d 1168 (Supreme Court of Pennsylvania, 1978)

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Bluebook (online)
649 A.2d 838, 102 Md. App. 258, 1994 Md. App. LEXIS 140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-baltimore-city-department-of-social-services-mdctspecapp-1994.