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JOSEPH YARBROUGH v. COMMONWEALTH PENNSYLVANIA (07/25/84)

decided: July 25, 1984.

JOSEPH YARBROUGH, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeal from the Order of the Department of Public Welfare in the case of Appeal of Marc Boyer, Credit Manager of Temple University Hospital, Re: Joseph Yarbrough, No. 1570 971 TD.

COUNSEL

Doris J. Dabrowski, Tabas, Furlong & Rosen, for petitioner.

Gary Goldman, Assistant Counsel, for respondent.

Judges Craig, Barry and Palladino, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 84 Pa. Commw. Page 208]

This is an appeal from an order of the Department of Public Welfare (DPW) brought by Temple University Hospital (Temple) as attorney-in-fact for Joseph

[ 84 Pa. Commw. Page 209]

Yarbrough (claimant). The DPW order affirmed a hearing examiner's decision which denied claimant medical assistance benefits.

Claimant received medical treatment at Temple as an inpatient from July 19 through July 22, 1982. On the date of addmission, Temple, on behalf of claimant, prepared a medical assistance application. The Philadelphia County Assistance Office (CAO) received the application and shortly thereafter mailed a request for verification of income to claimant's home address. Because claimant failed to respond to this verification request, his application was denied by the CAO on August 19, 1982.

Temple received notice of the rejection on August 31, 1982, and immediately attempted to contact claimant. However, it was discovered that claimant had been incarcerated on the very same day he was released from the hospital. Relying on this new information, Temple appealed the CAO's determination and on November 3, 1982, a hearing was held. The hearing officer affirmed the denial of claimant's application, and the decision was subsequently affirmed in the Final Administrative Action issued by the Director of the Office of Hearings and Appeals on November 15, 1982. This appeal followed.

Given the nature of this case, our scope of review is limited to a determination of whether the necessary findings of fact are supported by substantial evidence, whether errors of law have been committed and whether the claimant's constitutional rights have been violated. Tinsley v. Department of Public Welfare, 54 Pa. Commonwealth Ct. 608, 422 A.2d 730 (1980).

Temple, on behalf of claimant, raises two arguments in this appeal First, it contends that DPW failed to properly apply its verification provisions. It relies particularly on ...


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