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LARRY A. GILLIARD v. COMMONWEALTH PENNSYLVANIA (07/03/84)

decided: July 3, 1984.

LARRY A. GILLIARD, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeal from the Order of the Department of Public Welfare in case of Larry A. Gilliard, No. 930-035-D.

COUNSEL

Larry A. Gilliard, petitioner, for himself.

Jean E. Graybill, Assistant Counsel, for respondent.

Judges Rogers, MacPhail and Barbieri, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 83 Pa. Commw. Page 473]

Larry A. Gilliard (Petitioner) appeals here from a final order of the Department of Public Welfare (DPW) which affirmed the discontinuance of Petitioner's public assistance benefits because of his failure to verify to the County Assistance Office (CAO) the renewal of his registration with the Office of Employment Security (OES).

Petitioner was an active general assistance recipient and was not exempt from registering with the OES every six months.*fn1 The DPW hearing examiner found*fn2 that Petitioner, at a redetermination interview at the CAO on February 12, 1982, was instructed that he would be required to re-register with OES on March 26, 1982, and to return to the CAO on March 29, 1982, to verify the update. When the Petitioner failed to report as requested, the CAO notified Petitioner on April 12, 1982 that his assistance would be terminated for his failure to present verification of re-registration with OES. Petitioner timely filed a request for a fair hearing.

At the hearing, the examiner framed the issue in terms of the propriety of the CAO's action in terminating Petitioner's public assistance for failure to verify his re-registration with OES. The Petitioner, appearing at the hearing (and in this Court), pro se,

[ 83 Pa. Commw. Page 474]

    testified that he had re-registered at OES on March 26 and stated to the examiner:

I have given you proof, here is the card, I showed you the card . . ., the fact remains the fact [sic] that I have been registered and always have been registered. . . .

The Petitioner also admitted, however, that he did not present his work card showing the re-registration to the CAO for verification on March 29 ...


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