Kreslein v. Perales

In October 1980 petitioner, a recipient of benefits under the State Home Relief Program (see, Social Services Law § 157), applied to the Social Security Administration for Supplemental Security Income (hereinafter SSI) benefits. During the pendency of her application, petitioner continued to receive payments from the Westchester County Department of Social Services (hereinafter County Department). In April 1990, petitioner received a retroactive SSI award of $31,358.60. Pursuant to an authorization that petitioner had earlier signed, the moneys were forwarded directly to the County Department, which withheld $27,580.39 to recoup moneys it had paid to petitioner during the pendency of her application. In this proceeding, petitioner challenges only the County Department’s withholding of $1,338.38 in "special needs grants” that had been given to petitioner for moving expenses, furniture storage, special needs and for a budget deficit, a determination upheld by respondent State Commissioner of Social Services (hereinafter State Commissioner) on administrative appeal.

Recognizing the considerable deference to be afforded the construction given statutes and regulations by the agency responsible for their administration, we conclude that there is a rational basis for the State Commissioner’s determination that special grants made under the Home Relief Program qualify as "interim assistance”^[1] that a State social services agency may recoup from a retroactive SSI award pursuant to 42 USC § 1383 (g) (1) (see, Matter of Howard v Wyman, 28 NY2d 434 , 438; Matter of Goodwin v Perales, 120 AD2d 527 , appeal dismissed 68 NY2d 806 , lv denied 69 NY2d 603 ). We accordingly affirm Supreme Court’s judgment dismissing the proceeding. Under New York’s statutory and regulatory scheme, all Home Relief Program benefits paid to a recipient during the pendency of an SSI application are subject to recoupment as "interim assistance” (see, Social Services Law