B-133456, OCT. 1, 1957

B-133456: Oct 1, 1957

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CHILDS: WE ARE IN RECEIPT OF YOUR LETTER OF AUGUST 2. YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT CERTIFICATE DATED JULY 26. YOU STATE THAT YOU DO NOT INTEND TO PRESS YOUR CLAIM ANY FURTHER BUT YOU DO WANT TO EXPLAIN YOUR ACTIONS AND MAKE IT CLEAR THAT THE DECISIONS YOU MADE WERE REASONABLE UNDER THE CIRCUMSTANCES AND CONSISTENT WITH THE INFORMATION IN YOUR POSSESSION AT THAT TIME. WE CAN WELL UNDERSTAND YOUR DISAPPOINTMENT IN HAVING TO BEAR THESE MOVING EXPENSES BUT THE LEGAL SITUATION IS AS FOLLOWS: THE AUTHORITY FOR REIMBURSING EMPLOYEES FOR MOVEMENT OF THEIR HOUSEHOLD EFFECTS IS CONTAINED IN SECTION 1 OF THE ACT OF AUGUST 2. THIS LAW REQUIRES A DETERMINATION BY THE EMPLOYING AGENCY THAT THE TRANSFER WHICH NECESSITATED THE MOVEMENT OF THE HOUSEHOLD EFFECTS WAS FOR THE CONVENIENCE OF THE GOVERNMENT.

B-133456, OCT. 1, 1957

TO MRS. DYE P. CHILDS:

WE ARE IN RECEIPT OF YOUR LETTER OF AUGUST 2, 1957, CONTAINING YOUR STATEMENT CONCERNING YOUR CLAIM FOR TRANSPORTATION COSTS FOR YOUR HOUSEHOLD GOODS INCIDENT TO A TRANSFER FROM THE BIRMINGHAM, ALABAMA OFFICE OF APPEALS COUNCIL, SOCIAL SECURITY ADMINISTRATION TO THE MIAMI OFFICE OF THE APPEALS COUNCIL OF THE SOCIAL SECURITY ADMINISTRATION. YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT CERTIFICATE DATED JULY 26, 1957. YOU STATE THAT YOU DO NOT INTEND TO PRESS YOUR CLAIM ANY FURTHER BUT YOU DO WANT TO EXPLAIN YOUR ACTIONS AND MAKE IT CLEAR THAT THE DECISIONS YOU MADE WERE REASONABLE UNDER THE CIRCUMSTANCES AND CONSISTENT WITH THE INFORMATION IN YOUR POSSESSION AT THAT TIME.

WE CAN WELL UNDERSTAND YOUR DISAPPOINTMENT IN HAVING TO BEAR THESE MOVING EXPENSES BUT THE LEGAL SITUATION IS AS FOLLOWS: THE AUTHORITY FOR REIMBURSING EMPLOYEES FOR MOVEMENT OF THEIR HOUSEHOLD EFFECTS IS CONTAINED IN SECTION 1 OF THE ACT OF AUGUST 2, 1946, 5 U.S.C. 73B-1. THIS LAW REQUIRES A DETERMINATION BY THE EMPLOYING AGENCY THAT THE TRANSFER WHICH NECESSITATED THE MOVEMENT OF THE HOUSEHOLD EFFECTS WAS FOR THE CONVENIENCE OF THE GOVERNMENT. AUTHORIZED OFFICERS OF THE SOCIAL SECURITY ADMINISTRATION HAVE MADE NO SUCH DETERMINATION IN YOUR CASE. ON THE CONTRARY THEY TOLD US,"YOU WILL NOTE THAT THERE IS NO STATEMENT INCLUDED INDICATING THAT HER TRANSFER WAS FOR THE CONVENIENCE OF THE GOVERNMENT, NOR WAS IT.' THE REASON FOR THIS WAS THAT THE POLICY AT THAT AGENCY WAS TO DECLINE TO PAY THE MOVING EXPENSES OF SECRETARIES TRANSFERRING TO THAT OFFICE BECAUSE THE CIVIL SERVICE REGIONAL OFFICE HAD AN ADEQUATE LIST OF ELIGIBLES FOR GS-4 STENOGRAPHIC AND SECRETARIAL POSITIONS IN MIAMI, THE POINT TO WHICH YOU TRANSFERRED.

CONSEQUENTLY, WE HAVE NO AUTHORITY TO CERTIFY YOUR CLAIM FOR PAYMENT AND OUR PREVIOUS SETTLEMENT MUST BE AND IS SUSTAINED.