Sheets v. Commonwealth
Sheets v. Commonwealth
Opinion of the Court
Opinion by
This is an appeal from an adjudication of the Department of Public Welfare (Department) which affirmed the decision of the Lehigh County Board of Assistance (CBA) denying Petitioner general assistance benefits.
At the hearing Petitioner argued that the August 15 medical report submitted by his own treating physician was erroneous and should be disregarded. Petitioner presented evidence which attempted to show
On appeal to this Court,
The applicant or recipient will register at OES and be classified as transitionally needy until documentation is provided, if such applicant is otherwise eligible for transitionally needy assistance. . . . Assistance will be authorized or continued as long as all eligibility requirements*439 are met, but no longer than ninety days. When documentation is provided which verifies that the handicap exists, the client will be deregistered with OES and will have his status changed to chronically needy. When such client is determined to be chronically needy, he shall be considered to have received assistance as a chronically needy recipient from the date of the initial authorization.
Petitioner concedes that under this Section the CBA properly terminated his transitionally needy benefits after ninety days because of his failure to provide medical documentation of his handicap. He argues, however, that once he finally submitted such documentation at the departmental hearing, this section requires that he be given chronically needy benefits retroactive to April 12, 1983, the date of the initial authorization. The section does provide that a client who has documented his disability and has been reclassified as chronically needy “ shall be considered to have received assistance as a chronically needy recipient from the date of the initial authorization.” This provision, however, does not authorize additional assistance, but rather attempts to characterize the assistance which has already been received. The provision requires only that, in such situations, benefits which have already been received under the transitionally needy status should be considered as having been received under the chronically needy status. The determination of the status under which prior assistance has been received becomes relevant in determining future benefits, in view of the limitations placed upon transitionally needy assistance.
Order
Now, July 17, 1985, the decision and order of the Department of Public Welfare, No. 57266, dated April 16,1984, is hereby affirmed.
Act of June 13, 1967, P.L. 31, as amended.
Section 432(3) (i) (C) of the Act, 62 P.S. §432(3) (i) (C), includes within the category of “chronically needy persons”, persons who have a serious physical or mental handicap which prevents them from working in any substantial gainful activity.
Our scope of review in a public assistance case is limited to determining whether the agency action appealed from is in accordance with law, whether constitutional rights have been violated, and whether necessary findings of fact are supported by substantial evidence. Cambric v. Department of Public Welfare, 68 Pa. Commonwealth Ct. 450, 449 A.2d 806 (1982).
Section 432(3) (i) (C) of the Act requires that “[t]he department shall determine eligibility within thirty days of the date of application.”
Section 432(3) (iii) of the Act, 62 P.S. §432(3) (iii), provides that assistance for transitionally needy persons shall be authorized only once in any twelve month period in an amount not to exceed the amount of ninety days’ assistance. Thus, if for example, a
In support of his position Petitioner also cites the Board’s decision in Appeal of Eisenhart, (No. 64359, filed September 12, 1983), in which the Board granted retroactive benefits to a claimant who documented her disability four months after the ninety day period had run. In addition to the fact that Eisenhart is of no precedential value before this Court, we note that it is factually distinguishable. The petitioner in Eisenhart was a mentally incapacitated person who had been receiving continuous general assistance benefits, and her mental condition prevented her from providing timely documentation of her disability. In contrast, the Petitioner in the present case had reapplied for general assistance which had been previously terminated, and had no incapacity which would have prevented him from establishing his disability in a timely manner. To the extent that the two cases are not distinguishable, we expressly decline to adopt the holding in Eisemho/>’t.
Reference
- Full Case Name
- Michael Sheets v. Commonwealth of Pennsylvania, Department of Public Welfare
- Cited By
- 2 cases
- Status
- Published