B-132317, JUL. 12, 1957

B-132317: Jul 12, 1957

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PARKER: THIS IS IN REPLY TO YOUR UNDATED LETTER RECEIVED IN THIS OFFICE ON JUNE 10. IN WHICH YOU REQUEST THE SUM OF $96.58 WHICH IS BEING WITHHELD PENDING RECEIPT IN THIS OFFICE OF A CLAIM FROM THE FATHER OF YOUR DECEASED SON ADIE L. WE HAVE PREVIOUSLY ADVISED YOU THAT THE AFORESAID AMOUNT WITHHELD ON THE SETTLEMENT OF FEBRUARY 9. WAS IN ACCORDANCE WITH THE PROVISIONS OF 64 STAT. 395. OR IF HE IS NOT SURVIVED BY A WIDOW OR CHILDREN. THEN THE AMOUNT IS PAYABLE TO HIS PARENTS. YOU HAVE ALREADY BEEN PAID YOUR SHARE AS THE MOTHER OF THE DECEASED AND THE BALANCE DUE MAY BE PAID ONLY TO THE DECEDENT'S OTHER PARENT. ANY AFFIDAVIT YOU MAY HAVE PURPORTING TO AUTHORIZE PAYMENT OF ADIE L.

B-132317, JUL. 12, 1957

TO MRS. LELA R. PARKER:

THIS IS IN REPLY TO YOUR UNDATED LETTER RECEIVED IN THIS OFFICE ON JUNE 10, 1957, IN WHICH YOU REQUEST THE SUM OF $96.58 WHICH IS BEING WITHHELD PENDING RECEIPT IN THIS OFFICE OF A CLAIM FROM THE FATHER OF YOUR DECEASED SON ADIE L. PARKER, A FORMER EMPLOYEE OF THE VETERANS ADMINISTRATION.

WE HAVE PREVIOUSLY ADVISED YOU THAT THE AFORESAID AMOUNT WITHHELD ON THE SETTLEMENT OF FEBRUARY 9, 1956, WAS IN ACCORDANCE WITH THE PROVISIONS OF 64 STAT. 395. THIS STATUTE PROVIDES THAT IF NO BENEFICIARY HAS BEEN DESIGNATED BY THE DECEASED GOVERNMENT EMPLOYEE, OR IF HE IS NOT SURVIVED BY A WIDOW OR CHILDREN, OR DESCENDANTS OF DECEASED CHILDREN, THEN THE AMOUNT IS PAYABLE TO HIS PARENTS. YOU HAVE ALREADY BEEN PAID YOUR SHARE AS THE MOTHER OF THE DECEASED AND THE BALANCE DUE MAY BE PAID ONLY TO THE DECEDENT'S OTHER PARENT, ADIE L. PARKER.

YOU STATE IN YOUR LETTER THAT ADIE L. PARKER FURNISHED YOU AN AFFIDAVIT RELEASING HIS CLAIM TO THIS MONEY AS A PARENT AND STATING HIS DESIRE THAT YOU RECEIVE THE ENTIRE SUM.

SECTION 3477, REVISED STATUTES, 31 U.S.C. 203, MAKES ABSOLUTELY NULL AND VOID ALL TRANSFERS AND ASSIGNMENTS OF ANY CLAIM UPON THE UNITED STATES, UNLESS THE CLAIM HAS BEEN ALLOWED, THE AMOUNT DUE ASCERTAINED AND A CHECK ISSUED IN PAYMENT. ANY AFFIDAVIT YOU MAY HAVE PURPORTING TO AUTHORIZE PAYMENT OF ADIE L. PARKER'S SHARE TO YOU WOULD NOT SATISFY THE REQUIREMENTS OF SECTION 3477. HOWEVER, ADIE L. PARKER MAY SUBMIT A CLAIM FOR HIS SHARE AND ENDORSE OVER TO YOU THE CHECK ISSUED IN PAYMENT OF SUCH CLAIM.