Sease v. Commonwealth
Sease v. Commonwealth
Opinion of the Court
Opinion by
This is an appeal from a fair hearing decision of the Department of Public Welfare which found that Geneva W. Sease (petitioner) was not eligible for a waiver of restitution of an overpayment of Aid to Families with Dependent Children (AFDC) benefits which she was receiving for her grandchildren. We affirm.
The facts are basically these. Petitioner is 68 years old and is illiterate. When her daughter died in 1970 she took over the care of the daughter’s two children. In doing so she transferred the children’s
Petitioner asserts that there was not substantial evidence for the hearing officer to find that she did not qualify for the following exemption from restitution established in the Department of Public Welfare Public Assistance Manual:
(e) Exemptions from restitution. Restitution will be waived on overpayments that are as follows:
(1) Due solely to administrative error. The overpayment will be due to administrative error only if all of the following conditions exist:
(i) The County Office failed to get, interpret, or apply appropriately the facts about the situation of the client.
(ii) The client fulfilled his obligation for reporting to the best of his ability.
(iii) The client could not have been expected to know that his grant was more than he was eligible to receive.
55 Pa. Code §255.3(e)(1).
BEAD BEFOSE CASHING
By endorsing this check I certify that I have notified my county board of assistance of all changes in the facts as stated in my application for assistance and that neither I nor any member of my family has any earnings from employment or other resources which I have not reported to said board. I know that I can be penalized by fine or imprisonment, or both, for any false statement.
55 Pa. Code §125.24(e).
Another argument is that there was some administrative error on the part of the CAO in failing to instruct petitioner on the reporting (of extra income) requirements, and a general failure by caseworkers of their responsibilities towards her.
Although there is a good deal of testimony going both ways we feel that there was substantial evidence to conclude that the overpayment cannot be attributed solely to agency error.
Order
And Now, April 11, 1979, the Final Administrative Action of the Department of Public Welfare, dated January 25, 1978, is hereby affirmed.
In response to a question by her own attorney the petitioner indicated that she knew when sbe received the social security money she would be “off tbe social welfare immediately.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.