Appeal from the Order of the Department of Public Welfare, in the case of Appeal Of: Melissa Strobhar, No. 511090227.
Harriet Dichter, with her, Amy E. Hirsch, Community Legal Services, Inc., for petitioner.
Catherine Stewart, Assistant Counsel, for respondent.
Judges Doyle and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Palladino. Concurring Opinion by Judge Doyle.
[ 125 Pa. Commw. Page 163]
Melissa Strobhar (Petitioner) appeals from a decision of the Department of Public Welfare (DPW) terminating her eligibility for Aid to Families with Dependent Children (AFDC) and Medical Assistance (MA) benefits. For the reasons which follow, we dismiss Petitioner's appeal.
On November 3, 1986, the County Assistance Office notified Petitioner it proposed to terminate the AFDC eligibility of Petitioner and her three children. A fair hearing was held on January 15, 1987 and on March 5, 1987 a hearing officer denied Petitioner's appeal. On March 6, 1987 the Office of Hearings and Appeals (OHA) affirmed the hearing officer's decision. Petitioner requested reconsideration, which request was denied on April 27, 1987. Thereafter, on May 8, 1987 Petitioner filed a petition for review with this court.
In Keith v. Department of Public Welfare, 121 Pa. Commonwealth Ct. 405, 551 A.2d 333 (1988), we outlined the various time requirements in DPW cases. Where, as here, a petitioner does not file a petition for review with this court concurrent with a request for reconsideration, the Executive Secretary has forty-five days in which to act on the request for reconsideration. 1 Pa. Code § 35.241(d). As noted above, OHA's final decision was entered on March 6, 1987, and Petitioner thereafter requested reconsideration. The Executive Secretary had forty-five days from March 6, 1987 to act on Petitioner's request. The Executive Secretary did not
[ 125 Pa. Commw. Page 164]
issue an order denying reconsideration until April 27, 1987, which is beyond the forty-five day period.*fn1
The Executive Secretary was without authority to enter any order on April 27, 1987. Monsour Medical Center v. Department of Public Welfare, 111 Pa. Commonwealth Ct. 359, 533 A.2d 1114 (1987). Thus, the April 27, 1987 order cannot be appealed to this court.*fn2 Accordingly, Petitioner's appeal is dismissed.*fn3
[ 125 Pa. Commw. Page ...