SSA - POMS: SI BOS02003.002 - Maine Interim Assistance Reimbursement Agreement (TN 5-245 - 10/2015)

A. Introduction

On February 3, 1992, the Maine Department of Human Services (DHS) entered into an Interim Assistance Reimbursement (IAR) Agreement with the Social Security Administration (SSA). This agreement was updated and renewed on September 25, 2010, and modified November 20, 2012 to include the new electronic IAR (eLAR) process. The IAR Agreement covers both initial and posteligibility situations.

On April 28, 1989, the Maine Department of Mental Health, Mental Retardation and Substance Abuse Services entered into an IAR Agreement with SSA for postentitlement situations only. This agreement was terminated effective January 29, 2001.

B. Policy

1. Initial and Posteligibility Periods Covered

The IAR Agreement with the Maine Department of Human Services provides for reimbursement to DHS for General Assistance provided to the SSI recipient for initial claims and posteligibility situations. For initial claims the reimbursement covers the General Assistance paid for the interim period while the SSI application is pending. For posteligibility situations the reimbursement covers the General Assistance paid by DHS to an individual for the interim period while the individual's SSI benefits are suspended or terminated if the individual is subsequently found to be eligible for SSI during those months. SI 02003.001 describes the interim period.

2. Protective filing

The IAR authorization serves as a protective filing for an initial SSI claim. The date that DHS receives a signed IAR authorization establishes a 60-day protective filing period for SSI eligibility. If an individual does not file an SSI application within the 60-day protective filing period, the IAR authorization does not serve as protective filing for SSI purposes.

3. Life of the Authorization

For initial SSI claims the IAR authorization is binding on the State of Maine and an individual for one calendar year beginning with the date SSA receives a signed authorization. If the State of Maine does not notify SSA within thirty (30) calendar days of the date that the individual signed the authorization, the authorization is no longer binding. In such a situation, SSA will release a retroactive SSI payment to the individual and the State of Maine will be responsible for pursuing recovery of IAR from the individual without assistance from SSA. If an individual applies for SSI within the one calendar year period covered by the IAR authorization or has already applied for SSI before the State received an authorization, the period for the life of the authorization will be extended beyond the one year period, until such time as:

•

SSA makes the first payment of SSI retroactive benefits on the individual’s claim; or
•

SSA makes a final determination on the claim and no timely request for review is filed; or
•

The State and the individual agree to terminate the authorization.

For posteligibility cases the IAR authorization is binding for one calendar year beginning with the date SSA receives a signed authorization. If the State does not notify SSA within thirty (30) calendar days of the date that the individual signed the authorization, the authorization is no longer binding. In such a situation, SSA will release the retroactive SSI payment to the individual and the State of Maine will be responsible for pursuing recovery of IAR from the individual without assistance from SSA. If a timely request for administrative or judicial review is filed the IAR authorization remains in effect until such time as:

•

SSA makes the first posteligibility payment of retroactive SSI benefits following the suspension or termination of the individual’s benefits; or
•

SSA makes a final determination on the claim and no timely request for appeal is filed; or
•

The State of Maine and the individual agree to terminate the authorization.

The Maine Department of Human Services must obtain another initial claim or posteligibility authorization if the authorization is no longer in effect and the State wants reimbursement for General Assistance payments made.

C. Process

Maine DHS uses one multipurpose IAR authorization form, covering either initial payment or posteligibility payment (Exhibit 1). On every IAR authorization either the Initial Payment Only block or the Initial Posteligibility Payment Only block must be checked. The same authorization form cannot be used for both an initial claim and posteligibility situation. Each time an individual files for SSI or the individual's benefits are suspended or terminated another initial claim or posteligibility authorization is required.

The State of Maine adopted an amended version of the national authorization model. It uses a question and answer format to lead the individual and the State through the IAR process. If a claimant is found eligible for SSI, and by mistake the first SSI retroactive payment is sent to the claimant instead of the State, the State of Maine can demand that the claimant repay to the State the amount that would have been deducted if the retroactive check had been sent to the State. If the recipient does not repay the State, then the State of Maine can seek to collect the amount due to the State through court action or other legal remedy.

D. Procedure

When SSA receives an IAR authorization, input the Grant Reimbursement (GR) code for the Maine Department of Human Services to the SSR.

GR Code DHS: 20050

SSA deactivated the GR code for the Maine Department of Mental Health, Mental Retardation and Substance Abuse Services (20010) January 29, 2001, when we terminated the IAR Agreement.

Issue A-OTPs and mail correspondence to:

Department of Human Services

ATTN: Current Director

109 Capitol Street

Augusta, ME 04333

FAX manually prepared SSA-L8125s and SSA-L8125-F6s to: 207-287-3455.

Phone Number: 207-624-4164

E. Exhibits

Exhibit 1 Maine Department of Human Services Reimbursement Authorization form:

View In PDF

Exhibit 2 State of Maine Apportionment notice:

View In PDF

F. Reference:

SI 02003.000 Interim Assistance Payments

Social Security

Program Operations Manual System (POMS)

SI BOS02003.002 Maine Interim Assistance Reimbursement Agreement (TN 5-245 - 10/2015)