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HELEN DAYMUT v. COMMONWEALTH PENNSYLVANIA (02/14/80)

decided: February 14, 1980.

HELEN DAYMUT, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeal from the Order of the Department of Public Welfare in case of Appeal of Helen Daymut, No. 16231-D, dated July 27, 1976.

COUNSEL

Robert Petrosky, with him David F. Megnin, for petitioner.

Mary Frances Grobowski, with her Lynne M. Mountz, Assistant Attorney General, Linda M. Gunn, Assistant Attorney General, and Robert P. Kane, Attorney General, for respondent.

Judges Crumlish, Jr., Blatt and Craig, sitting as a panel of three. Opinion by Judge Craig. Judge DiSalle did not participate in the decision in this case.

Author: Craig

[ 49 Pa. Commw. Page 333]

Claimant Helen Daymut appeals from a Department of Public Welfare (department) decision denying her request for refund of money she had paid as reimbursement for assistance received.

[ 49 Pa. Commw. Page 334]

Claimant received general assistance payments from January 7, 1974 to January 22, 1975, pending a decision on her application for Supplemental Security Income (SSI) benefits. At the time of application petitioner was given a PA 176-K form, which is an agreement to reimburse the department for assistance received, and, after reviewing the form for several days, petitioner signed it.

On January 23, 1975, petitioner received a lump sum SSI check in the amount of $2,082. That amount represented SSI payments due, retroactive to January, 1974. At the request of her caseworker, petitioner obtained a check for $1,549.50 and sent it and her uncashed last assistant check to the Armstrong County Board of Assistance.

On April 14, 1976, petitioner requested a refund of the money she had paid to the department by petitioning for a fair hearing. The Armstrong County Board of Assistance held a hearing on June 22, 1976, at which time claimant alleged that her reimbursement had been unlawfully obtained.

The Armstrong County Board of Assistance denied petitioner's refund request. From that decision, claimant has appealed.

Claimant bases her refund claim on the contention that the PA 176-K form constituted an assignment in violation of Section 207 of the Social Security Act, 42 U.S.C. ยง 407 (1974), which provides:

The right of any person to any future payment under [the Supplemental Security Income program]*fn1 shall not be transferable or assignable, at law or in equity, and none of the monies paid or payable or rights existing under this ...


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