Santa Clara County Municipal Code Art. 2 Supplemental Security Income Fees

Footnotes:

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Editor's note— Section 3 of Ord. No. NS-300.345, adopted Sept. 22, 1981, which added this article, reads as follows:

This ordinance shall be retroactively operative as of July 14, 1981, with respect to those claimants for whom the County has received funds as of that date.

A representative awarded a fee pursuant to the order of an administrative law judge in any proceeding before the Social Security Administration establishing retroactive benefits under the Supplemental Security Income for the Aged, Blind and Disabled program (42 U.S.C. Section 1381 et seq.), which benefits result in financial reimbursement to the County for general assistance payments previously made to the representative's client, shall be paid a fee as set forth in this article.

(Ord. No. NS-300.345, § 2, 9-22-81; Ord. No. NS-300.378, § 1, 3-20-84)

The payment of such fee shall be dependent upon:

(1) An exact copy of the order of the administrative law judge establishing retroactive benefits under the program in a designated sum and awarding a fee in a designated sum.

(2) A copy of the agreement establishing the representative-client relationship and under which the representative expressly agrees to represent the client in administrative proceedings before the Social Security Administration for the purpose of obtaining benefits under the program.

(3) An agreement between the representative and the County entered into prior to receipt by the representative or the County of the sum due for previous general assistance payments for the period covered by the retroactive supplemental security income award (whether in the form of federal warrant or check or otherwise), under the terms of which the representative will deliver to the County such sum if within the ability of the representative.

(4) Receipt by the County of funds (whether in the form of federal warrant or check or otherwise) arising out of the administrative law judge's order awarding retroactive benefits and in an amount at least equal to the sum due the County for previous general assistance payments for the period covered by the retroactive supplemental security income award.

(5) The existence of an interim assistance agreement between the Social Security Administration and the County under the terms of which the County will receive the check or warrant representing an administrative award of retroactive benefits for any interim assistance (general assistance) paid to the representative's client.

(6) Application by the representative for such a fee.

(Ord. No. NS-300.345, § 2, 9-22-81; Ord. No. NS-300.378, § 1, 3-20-84)

The amount of the fee shall be an amount equal to the product of the amount of the fee set forth in the administrative law judge's order multiplied by the ratio of the amount of reimbursement received by the County to the total sum awarded by the administrative law judge's order for retroactive benefits. The fee shall be payable solely from the interim assistance payment reimbursement to the County and received by the County.

(Ord. No. NS-300.345, § 2, 9-22-81; Ord. No. NS-300.378, § 1, 3-20-84)

The reimbursement agreement between the County and the client who received general assistance pending the award of retroactive benefits under the program, which agreement provides for reimbursement of such general assistance, shall be modified upon receipt by the County of the full amount of the general assistance reimbursement and the payment of a fee, so as to reduce the amount owed the County by the full amount retained by the County, including the fee paid under this article.

(Ord. No. NS-300.345, § 2, 9-22-81; Ord. No. NS-300.378, § 1, 3-20-84)