U.S. DEPARTMENT OF LABOR
Bureau of Employment Security
Washington, D.C. 20210
Program Letter No. 779
July 31, 1964
|To:||ALL STATE EMPLOYMENT SECURITY AGENCIES|
|SUBJECT:||New Hampshire Practice of Sending the Claimant's Benefit Checks to His Attorney. Consistency of State Law With Federal Law|
|PURPOSE:||To inform State agencies of the Secretary's decision|
We are enclosing five copies of the Secretary of Labor's decision of July 29, 1964 In the Matter of the Hearing to the New Hampshire Department of Employment Security pursuant to Section 3304(c) of the Internal Revenue Code and Section 303(b) of the Social Security Act (29 F.R. 4760).
MANUALIZATION REQUIRED: None
Robert C. Goodwin
Secretary's decision (5 copies)
ATTACHMENT TO UIPL 779
IN THE MATTER OF THE HEARING TO THE
NEW HAMPSHIRE DEPARTMENT OF EMPLOYMENT
SECURITY PURSUANT TO SECTION 3304(c) OF
THE INTERNAL REVENUE CODE AND SECTION
303(b) of THE SOCIAL SECURITY ACT
DECISION OF THE SECRETARY
I have requested the Hearing Examiner to transmit to me the record and briefs in the above entitled matter (29 F.R. 4760) prior to his rendering a Recommended Decision.
Having done so, I dismiss the New Hampshire proceeding on the ground that the hearing and other information which has become available have made it apparent that the practice of delivering checks to attorneys who represent claimants in court actions concerning unemployment compensation is only one of a variety of practices which several States have of delivering checks to persons other than claimants. Accordingly, I believe it more desirable to approach the practice of delivering checks to persons other than claimants in the more general context in which it appears. The transcript does not provide adequate information for this approach.
I, therefore, direct the Bureau of Employment Security within six months of this date and following a full review of the various practices followed by the States in the payment and delivery of checks to persons other than claimants, including their attorneys, to prepare for my consideration a standard which would be applicable to all States. Before finally adopting any standard in this matter, I will submit it to the States with a request for comment. After receiving these comments, and making any changes which I deem desirable as a result of the comments, I will inform the States of the standard which I will make effective at a future date according to the terms of the standard.
Dated at Washington, D. C.
this 29th day of July, 1964.
/s/ W. Willard Wirtz
W. Willard Wirtz
Secretary of Labor