GAB Decision 635
April 1, 1985
New York State Department of Social Services;
Ballard, Judith A.; Teitz, Alexander G. Garrett, Donald F.
Docket No. 84-188
The New York State Department of Social Services (State) appealed the
disallowance of $198,484 in federal financial participation (FFP) by the
Social Security Administration (Agency). Subsequently, the Agency
reduced one portion of the disallowance from $63,388 to $21,129.33, and
the State no longer contests the disallowance of this amount. Another
portion involving the sum of $8,471 is being considered separately in
Docket No. 84-234. The amount remaining in dispute in this appeal,
therefore, is $126,449 and involves claims made under Title IV-A of the
Social Security Act. /*/
The grounds for the disallowance were that the claims were not filed
within the limitations for timely filing of claims under certain
statutes and regulations. The amount of $93,520 was disallowed for
expenditures made prior to October 1, 1979 but not claimed by May 15,
1981, as required by section 306 of Pub. L. 96-272 and 45 CFR 95. 10.
The amount of $32,929 was disallowed for expenditures made after
September 30, 1979 but not claimed within two years after the calendar
quarter in which the expenditures were made, as required by section 1132
of the Social Security Act and 45 CFR 95.7. 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 the issues
applicable to this claim 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. The (2) State did
not argue that this case presents any material issues of fact which
distinguish it from the facts of Decision No. 521, nor did the State
submit any new argument why Decision No. 521 was wrong. We therefore
conclude that the claims here are barred by statutory filing
limitations, and based on Decision No. 521, which we incorporate herein,
we sustain the disallowance of $126,449. //* In its November 29, 1984
submission, the State noted that its records show that within
the balance of $126,625, the Agency included $352 which was the full
expenditure incurred and not the amount claimed for FFP. The Agency did
not dispute this position. Therefore, the disallowance should be
reduced by $176 to $126,449.
JUNE 06, 1985