B-147956, JAN. 25, 1962

B-147956: Jan 25, 1962

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WERE DRAWN TO THE ORDER OF MIKE KIKOLSKI. OUR DENIAL WAS PREMINED ON THE FACT THAT THE NASSAU COUNTY DEPARTMENT OF PUBLIC WELFARE. IS ENTITLED TO PREFERENCE IN PAYMENTS FROM THE PAYEE'S ESTATE. IN YOUR LETTER YOU POINT OUT THAT BRUNSWICK HOSPITAL CENTER IS ONLY MAKING CLAIM FOR THE PROCEEDS OF CHECK NO. 35. KIKOLSKI WAS PLACED IN YOUR NURSING HOME ON MARCH 9. JULY CHECKS ARE CLAIMED BY THE NASSAU COUNTY DEPARTMENT OF PUBLIC WELFARE FOR THE FUNERAL EXPENSES. THAT THE WELFARE DEPARTMENT IS NOT CLAIMING THE APRIL 3RD CHECK. THE NASSAU COUNTY WELFARE DEPARTMENT PAID FUNERAL EXPENSES TOTALING $200 AND HAVE BEEN REIMBURSED $99 TOWARD THE AMOUNT PAID. IT IS DIFFICULT TO UNDERSTAND HOW THE NASSAU COUNTY DEPARTMENT OF WELFARE WOULD FOREGO THEIR RIGHT TO THE APRIL 3RD CHECK FOR ANY BENEFIT CHECK FOR THE MONTHS OF JUNE AND JULY 1961.

B-147956, JAN. 25, 1962

TO THE BRUNSWICK HOSPITAL CENTER, INC.:

BY LETTER DATED DECEMBER 20, 1961, YOU WROTE TO OUR OFFICE APPEALING CLAIMS SETTLEMENT Z-2132919, DECEMBER 6, 1961, WHICH DENIED THE CLAIM OF THE BRUNSWICK HOSPITAL CENTER, INC. FOR THE PROCEEDS OF SOCIAL SECURITY CHECKS NO. 35,786,478 AND NO. 38,521,548, DATED APRIL 3 AND MAY 3, 1961, RESPECTIVELY. THESE CHECKS, IN THE AMOUNT OF $33 EACH, WERE DRAWN TO THE ORDER OF MIKE KIKOLSKI, DECEASED.

OUR DENIAL WAS PREMINED ON THE FACT THAT THE NASSAU COUNTY DEPARTMENT OF PUBLIC WELFARE, AS PAYER OF THE FUNERAL EXPENSES OF MIKE KIKOLSKI, IS ENTITLED TO PREFERENCE IN PAYMENTS FROM THE PAYEE'S ESTATE.

IN YOUR LETTER YOU POINT OUT THAT BRUNSWICK HOSPITAL CENTER IS ONLY MAKING CLAIM FOR THE PROCEEDS OF CHECK NO. 35,786,478, APRIL 3, 1961. YOU WROTE THAT MR. KIKOLSKI WAS PLACED IN YOUR NURSING HOME ON MARCH 9, 1961; THAT THE MAY, JUNE, AND JULY CHECKS ARE CLAIMED BY THE NASSAU COUNTY DEPARTMENT OF PUBLIC WELFARE FOR THE FUNERAL EXPENSES; THAT THE WELFARE DEPARTMENT IS NOT CLAIMING THE APRIL 3RD CHECK; AND THAT YOU HAD BEEN INSTRUCTED TO ADVISE OUR OFFICE OF SUCH FACT SO THAT YOUR ORGANIZATION MIGHT BE REIMBURSED THE AMOUNT OF THE APRIL 3RD CHECK.

THE PAYEE DIED ON MAY 9, 1961. THE NASSAU COUNTY WELFARE DEPARTMENT PAID FUNERAL EXPENSES TOTALING $200 AND HAVE BEEN REIMBURSED $99 TOWARD THE AMOUNT PAID.

SECTION 202 (A) OF THE SOCIAL SECURITY ACT, AS AMENDED, 42 U.S.C. 402 (A) PROVIDES IN PERTINENT PART, AS FOLLOWS:

"EVERY INDIVIDUAL * * * SHALL BE ENTITLED TO AN OLD-AGE INSURANCE BENEFIT FOR EACH MONTH * * * ENDING WITH THE MONTH PRECEDING THE MONTH IN WHICH HE DIES. * * *"

INASMUCH AS THE PAYEE DIED ON MAY 9, 1961, THE ABOVE-QUOTED LANGUAGE WOULD PRECLUDE PAYMENT OF BENEFITS FOR ANY PERIOD SUBSEQUENT TO APRIL 30, 1961. IN VIEW THEREOF, IT IS DIFFICULT TO UNDERSTAND HOW THE NASSAU COUNTY DEPARTMENT OF WELFARE WOULD FOREGO THEIR RIGHT TO THE APRIL 3RD CHECK FOR ANY BENEFIT CHECK FOR THE MONTHS OF JUNE AND JULY 1961. THE LAST CHECK THAT WOULD ISSUE TO MIKE KIKOLSKI WOULD BE THE MAY CHECK WHICH WOULD REPRESENT BENEFITS ACCRUING IN APRIL, HIS LAST MONTH OF ENTITLEMENT. THE PROCEEDS OF THE CHECKS DATED APRIL 3 AND MAY 3, WHICH ARE THE ONLY CHECKS INVOLVED, ARE INSUFFICIENT TO PAY FOR THE BALANCE OF THE FUNERAL EXPENSES.