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ALLYSON TIMOTHY v. COMMONWEALTH PENNSYLVANIA (03/24/81)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: March 24, 1981.

ALLYSON TIMOTHY, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT

Appeal from the Order of the Department of Public Welfare in the case of Allyson Timothy, Case No. 1143 784-C.

COUNSEL

Linda M. Bernstein, for petitioner.

Catherine Stewart, Assistant Attorney General, for respondent.

Judges Mencer, Rogers and Craig, sitting as a panel of three. Opinion by Judge Mencer. This decision was reached prior to the expiration of the term of office of Judge Wilkinson.

Author: Mencer

[ 58 Pa. Commw. Page 76]

Allyson Timothy (appellant) appeals from a Department of Public Welfare (DPW) order discontinuing her public welfare benefits*fn1 because of her failure

[ 58 Pa. Commw. Page 77]

    to report a change in circumstances which may affect a recipient's grant.*fn2

Our scope of review of a DPW adjudication is limited to a determination as to whether or not it was supported by substantial evidence and was in accordance with the law and whether or not the appellant's constitutional rights were violated. Dragan v. Department of Public Welfare, 39 Pa. Commonwealth Ct. 599, 396 A.2d 77 (1979).

In Baker v. Department of Public Welfare, 38 Pa. Commonwealth Ct. 478, 393 A.2d 1064 (1978), this Court held that department regulations placed the burden of establishing eligibility on the recipient; the recipient has the burden to verify income or lack thereof.*fn3

[ 58 Pa. Commw. Page 78]

Here, the appellant admittedly failed to report employment income, which was a change in circumstance, as required by DPW regulations, and, in accord with our scope of review, we are compelled to conclude that she was properly determined ineligible for assistance benefits. Baker v. Department of Public Page 78} Welfare, supra; see Neal v. Department of Public Welfare, 51 Pa. Commonwealth Ct. 178, 413 A.2d 1195 (1980).*fn4

We therefore make the following

Order

And Now, this 24th day of March, 1981, the order of the Department of Public Welfare, denying the appeal of Allyson Timothy from the decision of the Philadelphia County Board of Assistance, terminating public welfare benefits granted to Allyson Timothy, is hereby affirmed.

This decision was reached prior to the expiration of the term of office of Judge Wilkinson.

Disposition

Affirmed.


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