Washington State Dept. of Social and Health Servs. v. Guardianship Estate of Keffeler, 537 U.S. 371, 16 (2003)

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386

WASHINGTON STATE DEPT. OF SOCIAL AND HEALTH SERVS. v. GUARDIANSHIP ESTATE OF KEFFELER

Opinion of the Court

see also United States v. Mead Corp., 533 U. S. 218, 228, 234- 235 (2001).

On this restrictive understanding of "other legal process," it is apparent that the department's efforts to become respondents' representative payee and its use of respondents' benefits in that capacity involve nothing of the sort.8 Whereas the object of the processes specifically named is to discharge, or secure discharge of, some enforceable obligation, the State has no enforceable claim against its foster children. And although execution, levy, attachment, and garnishment typically involve the exercise of some sort of judicial or quasi-judicial authority to gain control over another's property, the department's reimbursement scheme operates on funds already in the department's possession and control, held on terms that allow the reimbursement.

The regulations previously quoted specify that payments made for a beneficiary's "current maintenance" are deemed to be "for the use and benefit of the beneficiary," and define "current maintenance" to include "cost[s] incurred in obtaining food, shelter, clothing, medical care, and personal comfort items." 20 CFR §§ 404.2040(a), 416.640(a). There is no question that the state funds to be reimbursed were spent for items of "current maintenance," and although the State typically makes the accounting reimbursement two months after spending its own funds, this practice is consistent with the regulation's definition of "current maintenance" as "costs incurred" for food and the like. That the State is dealing with the funds consistently with Social Security regulations is confirmed by the Commissioner's own interpretation of

8 In arguing that § 407(a) applies here, respondents rely in part on § 407(b), which provides that "[n]o other provision of law . . . may be construed to limit, supersede, or otherwise modify the provisions of this section except to the extent that it does so by express reference to this section." Given our conclusion that § 407(a), by its terms, does not apply, however, respondents' reliance is misplaced.

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