Dias
Dias v. Sacramento County Welfare Department (In re Dias)
Opinion
Lead Opinion
Russell, J.
MEMORANDUM OPINION AND DECISION
Introduction
These two cases represent yet another skirmish in the continuing battle between Social Security beneficiaries and state welfare agencies over the rights to payments from the Social Security Administration (SSA). The fact pattern and issues before the Court are the same as those in Vazquez, Guerrero and Compton, 42 B.R. 609 (Bankr.E.D.Pa.1984) (Vazquez I) which was reversed by the District Court, with the reversal being affirmed upon further appeal in Vazquez, Guerrero and Compton, 788 F.2d 130 (3rd Cir.1986) (Vazquez III).
Statement of Facts
Both petitions in bankruptcy were filed on May 21, 1985. Prior thereto the debtors had applied for Supplementary Security Income (SSI) under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381 , et seq. While waiting for their applications to be processed, the debtors applied for the more immediately available General Assistance benefits (GA) from the Sacramento County Welfare Department (SCWD). At SCWD’s request, the debtors executed form SSP 14, the last one being executed by debtor Dias on October 17, 1984. The original of each executed form was sent to the SSA.