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BETTY ROBINSON v. COMMONWEALTH PENNSYLVANIA (03/25/77)

decided: March 25, 1977.

BETTY ROBINSON, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE



Appeal from the Order of the Department of Public Welfare in case of In Re: Betty Robinson, Case No. E430239-C, dated April 29, 1976.

COUNSEL

Thomas C. Reed, for appellant.

Linda M. Gunn, Assistant Attorney General, for appellee.

Judges Wilkinson, Jr., Mencer and Blatt, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.

Author: Wilkinson

[ 29 Pa. Commw. Page 403]

This appeal arises from the decision of a hearing officer which held appellant's appeal of the termination of the welfare benefits for her two children not to have been timely filed. Appellant was sent a form 162-C,*fn1 on December 18, 1975, which informed her that welfare benefits for her two children would be terminated

[ 29 Pa. Commw. Page 404]

    as of January 14, 1976. This notice also informed appellant of her right to appeal this termination under Section 3590 of the Department of Public Welfare's (Department) regulations and the time limitations placed on such appeals. Section 3590.1 states in pertinent part:

An applicant or recipient must exercise his right of appeal within the following time limits:

     a. Thirty (30) days from the date of written notice (PA 162, PA 162-A, PA 162-C) of a County Assistance Office decision or action.

Appeals which do not meet the above time limitations will be dismissed without a hearing.

Further, the form 162-C informed appellant that the reason for the termination was appellant's own request that the benefits be terminated which was made to the caseworker on December 16, 1975. Appellant did not file her appeal until February 20, 1976, well over the thirty day limit prescribed by Department regulations.

The primary issue on appeal is whether the notice of termination of benefits sent to appellant is adequate, as a matter of ...


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