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SHIRLEY KIESS v. COMMONWEALTH PENNSYLVANIA (02/10/88)

decided: February 10, 1988.

SHIRLEY KIESS, 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: Shirley Kiess, No. 39-0054023.

COUNSEL

Jeffrey L. Greenwald, for petitioner.

Cynthia B. White, Assistant Counsel, for respondent.

Judges MacPhail and Colins, and Senior Judge Narick, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 113 Pa. Commw. Page 362]

Shirley Kiess (Petitioner) appeals a final order of the Department of Public Welfare (DPW) denying her request

[ 113 Pa. Commw. Page 363]

    for reconsideration of an order of the Office of Hearings and Appeals which reversed a hearing officer's order sustaining her appeal from a decision of the Lehigh County Assistance Office (CAO). We affirm DPW's final order.

Petitioner received Aid to Families With Dependent Children (AFDC) benefits in the amount of $287.00 per month for herself and her daughter, Stacey. Petitioner's household also included her son Vincent Chladni, Vincent's father John Chladni, and John's two children by a previous marriage. Mr. Chladni, who is totally disabled due to a severe arthritic condition, receives $541.00 per month in Social Security benefits for himself, and $114.00 per month for each of his three children.

The CAO informed Petitioner, by Advance Notice dated November 22, 1985, that it proposed to terminate her AFDC benefits pursuant to Public Assistance Eligibility Manual (PAEM) Temporary Regulation 171.21(b)(1)(i)(C)(II), first appearing in DPW's Income Maintenance Bulletin # 99-85-30, which provides as follows:

(1) AFDC Filing Unit. Requirements are as follows:

(i) An AFDC filing unit must include the following persons:

(C) Any brother or sister of the children eligible for AFDC must be included if ...


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