Colorado § 26-2-206 - Interim assistance.

§ 26-2-206. Interim assistance.

(1) The state department, with the approval of the state board and in accordance with the rules and regulations of the state department, is authorized to enter into an agreement with the secretary of the United States department of health, education, and welfare for implementation of arrangements for interim assistance as authorized by Title XVI of the social security act.

(2) Payment of legal, professional, or other fees by a recipient of public assistance who is seeking supplemental security income benefits shall be made in accordance with the policies and procedures of the social security act.

(3) Neither the state department nor any county shall pay any portion of costs associated with obtaining supplemental security income, including any legal, professional, or other fees paid by a recipient of public assistance in seeking supplemental security income benefits or any other federal benefit. The interim assistance reimbursement payment authorized under this section shall be used to reimburse the state aid to the needy disabled program, described in section 26-2-111 (4), for benefits paid to the recipient as interim assistance in accordance with the agreement between the state department and the social security administration. Any moneys received by a county in excess of the interim assistance paid by the state department and any county on behalf of the recipient shall be paid to the recipient.

Source: L. 75: Entire part added, p. 892, § 12, effective July 28. L. 2008: Entire section amended, p. 223, § 1, effective March 26.

ANNOTATION

Reimbursement of interim assistance payments made to applicants under the state's aid to the needy and disabled program, pending awards of federal supplemental security income benefits, is proper. Gillens v. State Dept. of Soc. Servs., 644 P.2d 97 (Colo. App. 1982).

Court rejected plaintiff's contention that the authorization verifying application for federal supplemental security income benefits and allowing the social security administration to send applicant's federal benefits check directly to the department of human services as reimbursement of interim assistance payments is void and unenforceable because it was a product of duress or coercion. Requiring compliance with a valid regulation does not amount to duress or coercion. Martinez v. Dept. of Human Servs., 97 P.3d 152 (Colo. App. 2003).