20 C.F.R. § 416.1904
Authorization to withhold SSI benefits
We may withhold your SSI benefit payment and send it to the State to repay the State for the interim assistance it gave to you, if—
(a) We have an interim assistance agreement with the State at the time your authorization goes into effect; and
(b) Your authorization is in effect at the time we make the SSI benefit payment.
Notes of Decisions
Cited in 2
cases, 1995–2000 · leading case: Mtr. of Rodriguez v. Perales, 657 N.E.2d 247 (NY 1995).
Mtr. of Rodriguez v. Perales, 657 N.E.2d 247 (NY 1995). “The Federal regulations provide that when a recipient so authorizes, SSA may withhold a recipient's benefits and when SSA makes the "initial payment" *371 of benefits, send payment directly to the State, provided the State has entered into an appropriate agreement with SSA (20…”
Stevens v. Wing, 184 Misc. 2d 342 (N.Y. Sup. Ct. 2000). “(See, 42 USC § 1383 [g] [3]; 20 CFR 416.1904.) New York SNA payments made to an indigent individual prior to the individual’s receipt of SSI are considered interim assistance; thus the State and City may seek reimbursement from the Social Security Administration for SNA payments…”
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