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COMMONWEALTH PENNSYLVANIA v. FRANCIS J. MORAN (08/17/84)

decided: August 17, 1984.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, PETITIONER
v.
FRANCIS J. MORAN, RESPONDENT



Appeal from the Order of the Board of Claims in the case of Francis J. Moran v. Commonwealth of Pennsylvania, Department of Public Welfare, Docket No. FC-221-81.

COUNSEL

Stanley Slipsocoff, with him, Bruce G. Baron, Assistant Counsel, for petitioner.

Rick E. Eslinger, for respondent.

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

Author: Colins

[ 84 Pa. Commw. Page 554]

The Department of Public Welfare (DPW), petitioner, appeals the order and decision of the Board of Claims (Board) awarding One Thousand Seven

[ 84 Pa. Commw. Page 555]

Hundred and Seventy-six Dollars ($1,776.00) plus interest to Francis J. Moran, respondent, for attorney's fees.

The respondent entered into a contingency fee agreement*fn1 with Frances H. Bass to represent her before the United States Social Security Administration. On October 24, 1978, the respondent filed the appropriate notice of appointment with the Administration's Bureau of Hearings and Appeals.

On April 24, 1979, the Administration notified the respondent's client, but not the respondent, that an award of Six Thousand Seven Hundred Forty-two Dollars and Forty Cents ($6,742.40) was being sent to DPW, and that she would receive the balance of this award, if any, after DPW had offset the money previously advanced to her.

It was not until January of 1981 that the respondent was informed by his client that she had received the April 24, 1979, notice in addition to One Thousand Four Hundred Twelve Dollars and Forty Cents ($1,412.40)*fn2 from DPW. After learning about this award, the respondent tried to ascertain why he had not been notified by the Administration of its decision and why he had not been sent the forms necessary to obtain his attorney's fees.

The Administration informed the respondent that the matter was out of its hands and that he would have to contact DPW. The respondent ...


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