2005 Arizona Revised Statutes - Revised Statutes §46-238  Federal reimbursements; disbursement; payments

Notwithstanding any other law, the department shall account for federal grant monies received by this state for general assistance recipients under title XVI of the social security act, as amended. The department shall disburse these monies in accordance with the following:

1. To the general assistance line item an amount equal to any general assistance monies provided to a recipient for the period of time the recipient has been deemed eligible for supplemental security income benefits. Within ten days of receiving the monies, the department shall disburse all remaining monies for such recipient directly to the recipient.

2. From the amount disbursed to the general assistance line item, the department shall pay the claim of any attorney, or advocate under the supervision of the attorney, for representing a general assistance recipient in an appeal of any claim for federal supplemental security income benefits before an administrative law judge or for a subsequent adjudication or appeal that is decided in favor of the recipient. The maximum amount of the payment shall be fifty per cent of the amount actually retained by the department for general assistance paid to the recipient, not to exceed one thousand dollars. The amount paid to the attorney or advocate from the department and any other sources, if any, cannot exceed twenty-five per cent of the back award for title XVI benefits under the social security act. If the total amount would exceed the twenty-five per cent limit, the department shall reduce the reimbursement amount accordingly. No payments may be made unless the attorney or advocate submits a claim, proof of authorization to represent the client and authorization to charge and receive a fee to the department within sixty days after the date of the issuance of the notice of award for title XVI benefits from the social security administration. No payment shall be made to an attorney or advocate in a title II case or a combination title II and title XVI case.

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