B-226730 O/M, APR 23, 1987
Highlights
2 YEARS AFTER REPORT IS FILED OR QUESTIONS ARE RESOLVED WHICHEVER IS LATER. B-226730-O.M.: THIS IS IN RESPONSE TO YOUR MEMORANDUM DATED APRIL 2. WE ARE UNAWARE OF ANY SIMILAR PROVISIONS REGARDING PAYMENTS TO REPRESENTATIVE PAYEES UNDER TITLE XVI OF THE ACT. IT IS CLEAR THAT A REPRESENTATIVE PAYEE WOULD BE ACCORDED THE SAME DEGREE OF RESPONSIBILITY AND LIABILITY TO A BENEFICIARY AS A RESULT OF ANY MISAPPLICATION OF FUNDS RECEIVED BY HIM ON BEHALF OF A BENEFICIARY UNDER TITLE XVI OF THE ACT AS UNDER TITLE II OF THE ACT. IT IS NOT CLEAR THAT THE GOVERNMENT WOULD INCUR A GREATER RISK OF LIABILITY FOR PAYMENTS MADE TO REPRESENTATIVE PAYEES UNDER TITLE XVI OF THE ACT THAN UNDER TITLE II OF THE ACT WHEN IT IS UNAWARE OF ANY IMPROPRIETIES ON BEHALF OF REPRESENTATIVE PAYEES WHICH WOULD WARRANT THE RETENTION OF RECORDS UNDER TITLE II AND TITLE XVI FOR DIFFERENT PERIODS OF TIME.
B-226730 O/M, APR 23, 1987
MISCELLANEOUS TOPICS - FEDERAL ADMINISTRATIVE/LEGISLATIVE MATTERS - ADMINISTRATIVE POLICIES - RECORDS DESTRUCTION - TIME RESTRICTIONS DIGEST: THIS OFFICE HAS NO OBJECTION TO THE ADOPTION AND ISSUANCE OF REQUESTS FOR RECORDS DISPOSITION AUTHORITY BY THE SOCIAL SECURITY ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES, PROPOSING TO DISPOSE OF REPRESENTATIVE PAYEE FILES UNDER TITLES II AND XVI OF THE SOCIAL SECURITY ACT, 2 YEARS AFTER REPORT IS FILED OR QUESTIONS ARE RESOLVED WHICHEVER IS LATER.
REQUEST FOR RECORDS DISPOSITION AUTHORITY; SOCIAL SECURITY ADMINISTRATION DEPARTMENT OF HEALTH AND HUMAN SERVICES-- REPRESENTATIVE PAYEE FILES. RM-87-17, B-226730-O.M.:
THIS IS IN RESPONSE TO YOUR MEMORANDUM DATED APRIL 2, 1987, FORWARDING FOR OUR REVIEW A REQUEST FOR RECORDS DISPOSITION AUTHORITY (SF-115) SUBMITTED BY THE SOCIAL SECURITY ADMINISTRATION (SSA), DEPARTMENT OF HEALTH AND HUMAN SERVICES, PROPOSING TO DISPOSE OF REPRESENTATIVE PAYEE FILES AFTER SPECIFIED PERIODS OF TIME. AS WE UNDERSTAND IT, THESE FILES RELATE TO THE APPOINTMENT OF PERSONS TO RECEIVE PAYMENTS ON BEHALF OF BENEFICIARIES UNDER TITLES II AND XVI OF THE SOCIAL SECURITY ACT (ACT). SEE SPECIFICALLY SECTION 205(J) AND 1631 OF THE ACT, AS AMENDED, 42 U.S.C. SECS. 405(J) AND 1383(A).
THE LAW EXPRESSLY PROVIDES THAT PAYMENTS MADE TO REPRESENTATIVE PAYEES ON BEHALF OF BENEFICIARIES UNDER TITLE II OF THE ACT CONSTITUTE COMPLETE SETTLEMENT AND SATISFACTION OF ANY CLAIMS OR INTEREST IN AND TO SUCH PAYMENT BY THE BENEFICIARY. 42 U.S.C. SEC. 405(K). THUS, THE RIGHT TO RECOVER FOR MISAPPLICATION OF THESE FUNDS APPEARS TO LIE SOLELY WITH THE BENEFICIARY. SEE JORDAN V. HECKLER, 744 F.2D 1397 (10TH CIR. 1984). FURTHERMORE, THE REGULATIONS IMPOSE THE SPECIFIC DUTY UPON THE REPRESENTATIVE PAYEE TO MAINTAIN RECORDS TO PROPERLY ACCOUNT FOR THE PAYMENTS. 20 C.F.R. SEC. 404.2065. WE ARE UNAWARE OF ANY SIMILAR PROVISIONS REGARDING PAYMENTS TO REPRESENTATIVE PAYEES UNDER TITLE XVI OF THE ACT.
HOWEVER, IT IS CLEAR THAT A REPRESENTATIVE PAYEE WOULD BE ACCORDED THE SAME DEGREE OF RESPONSIBILITY AND LIABILITY TO A BENEFICIARY AS A RESULT OF ANY MISAPPLICATION OF FUNDS RECEIVED BY HIM ON BEHALF OF A BENEFICIARY UNDER TITLE XVI OF THE ACT AS UNDER TITLE II OF THE ACT. FURTHERMORE, IT IS NOT CLEAR THAT THE GOVERNMENT WOULD INCUR A GREATER RISK OF LIABILITY FOR PAYMENTS MADE TO REPRESENTATIVE PAYEES UNDER TITLE XVI OF THE ACT THAN UNDER TITLE II OF THE ACT WHEN IT IS UNAWARE OF ANY IMPROPRIETIES ON BEHALF OF REPRESENTATIVE PAYEES WHICH WOULD WARRANT THE RETENTION OF RECORDS UNDER TITLE II AND TITLE XVI FOR DIFFERENT PERIODS OF TIME. ALSO HAVE BEEN INFORMALLY ADVISED BY AN OFFICIAL OF SSA THAT SSA MAINTAINS AN INDEPENDENT RECORD OF PAYMENTS MADE TO OR ON BEHALF OF BENEFICIARIES.
CONSEQUENTLY, IN VIEW OF THE FOREGOING, WE HAVE NO LEGAL OBJECTION TO THE ISSUANCE AND ADOPTION OF THE PROPOSED RECORD RETENTION PERIODS.