20 C.F.R. § 416.1906

When your authorization is in effect

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Your authorization for us to withhold your SSI benefit payment, to repay the State for interim assistance the State gives you, is effective when we receive it, or (if our agreement with the State allows) when we receive notice from the State that it has received your authorization. It remains in effect until—

(a) We make the first SSI benefit payment on your initial application for benefits or, in the case of an authorization effective for a period of suspense or termination, until the initial payment following the termination or suspension of your benefits.

(b) We make a final determination on your claim (if your SSI claim is denied, the denial is the final determination, unless you file a timely appeal as described in subpart N of this part);

(c) You and the State agree to terminate your authorization; or

(d) If earlier than the event in paragraph (a), (b), or (c) of this section, the date (if any) specified in your authorization.

[46 FR 47449, Sept. 27, 1981, as amended at 56 FR 19262, Apr. 26, 1991]
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1979–2022 · leading case: Sally A. MCLELLAN v. COLORADO Dep't OF HUMAN Servs. & Larimer Cnty. Dep't of Human Servs., 507 P.3d 1025 (Colo. Ct. App. 2022).
Sally A. MCLELLAN v. COLORADO Dep't OF HUMAN Servs. & Larimer Cnty. Dep't of Human Servs., 507 P.3d 1025 (Colo. Ct. App. 2022). “20 C.F.R. § 416.1906 (a) provides, however, that such an authorization remains in effect until the SSA "make[s] the first SSI benefit payment.”
Moore v. Colautti, 483 F. Supp. 357 (E.D. Pa. 1979). “20 C.F.R. 416.1906(b)(3) (1976). Currently, the Pennsylvania Department of Public Welfare maintains a bifurcated system of recoupment.”
Vazquez v. Commonwealth of Pennsylvania, 788 F.2d 130 (3rd Cir. 1986). “20 C.F.R. § 416.1906 . 3 Thus, the IAR system creates a direct payor-payee relationship between the Secretary and the Commonwealth, with the appellants exercising control over payment only to the extent of the overage.”
La Fave v. Wing, 236 A.D.2d 99 (N.Y. App. Div. 1997). “And, since none of the other events that terminate such an authorization (see, 20 CFR 416.1906 [b], [c], [d]) occurred prior to the issuance of the first payment on that initial application in August 1995, the authorization was valid when that payment was made.”
— 20 C.F.R. § 416.1906(b)(3) — 1 case
Moore v. Colautti, 483 F. Supp. 357 (E.D. Pa. 1979). “20 C.F.R. 416.1906(b)(3) (1976). Currently, the Pennsylvania Department of Public Welfare maintains a bifurcated system of recoupment.”
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