Chatham v. Commonwealth

494 A.2d 18, 90 Pa. Commw. 44, 1985 Pa. Commw. LEXIS 1250
CourtCommonwealth Court of Pennsylvania
DecidedJune 5, 1985
DocketAppeals, Nos. 1421 C.D. 1983 and 1510 C.D. 1983
StatusPublished
Cited by1 cases

This text of 494 A.2d 18 (Chatham v. Commonwealth) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chatham v. Commonwealth, 494 A.2d 18, 90 Pa. Commw. 44, 1985 Pa. Commw. LEXIS 1250 (Pa. Ct. App. 1985).

Opinion

Opinion by

Judge Palladino,

We have consolidated for disposition the appeals of two general assistance claimants, Robert Chatham and Robert Sweeney, from separate orders of the Executive -Deputy Secretary of the Department of Public Welfare (Department), upholding hearing examiners’ decisions finding claimants ineligible for general assistance benefits as “chronically needy persons” pursuant to Section 432(3) (i) of the Public Welfare Code (Code).1

Section 432(3) of the Code distinguishes between “chronically needy persons”, who are eligible for an indeterminate period of benefits, and “transitionally needy persons”, who are eligible for no more than ninety days of benefits in any twelve-month period. Section 432(3) (iii) of the Code2 defines transitionally needy persons as “those persons who are otherwise eligible for general assistance but do not qualify as chronically needy”. “Chronically needy persons” are those persons who fall within any one of nine definitions set forth in subsections (A) through (I) of Section-432(3) (i) of the Code. In the present appeals, claimants concede that their eligibility for “chronically needy” status would only be pursuant to subsection (H) of Section 432(3) (i), which provides:

(i) Chronically needy persons are those persons chronically in need who may be eligible for an .indeterminate period . . and shall be limited to:
(H) Any person who has previously been employed full time for at least 48 months out of the previous eight years and has exhausted [47]*47his or Her unemployment compensation benefits prior to applying for assistance.

Both claimants had been receiving general assistance when, in September, 1982, they were notified by their County Assistance Office (CAO) that they had been classified as transitionally needy and thus eligible for only ninety days worth of general assistance per year. Claimants appealed and were afforded an opportunity at a hearing to present evidence with respect to their work history over the previous eight years and their qualifications for unemployment benefits. For purposes of clarification, the facts of each case will be discussed separately.

No. 1421 C.D. 1983

Claimant Chatham alleged that he had been employed full time for fifty-three months out of the previous eight years. Chatham offered into evidence documentation substantiating forty-five months of employment. He could offer no supporting documentation regarding the remainder of his alleged work history.. He testified that he was unable to obtain verification of four months of employment with a car dealership in 1977 because the dealership’s records had been destroyed. Chatham offered into evidence a letter from the manager of the dealership stating Chatham had been employed there in 1977, but that exact dates could not be provided because all records had been destroyed when the roof of its building collapsed during a storm. Chatham also testified that he had been employed full time with another company for four months but that he has failed in his attempts to obtain verification of this employment because the company went out of business.

.With respect to the requirement that he-exhaust unemployment compensation benefits, Chatham of[48]*48fered into evidence proof that he applied for and was denied unemployment compensation benefits.3

The Hearing Officer denied Chatham’s appeal concluding that he had failed to show that he had been employed full time for forty-eight months out of the last eight years and that he had not exhausted unemployment compensation benefits. The Hearing Officer’s decision was affirmed by the Department’s Office of Hearings and Appeals. After Chatham’s request for reconsideration was denied, an appeal was taken to this Court.

No. 1510 C.D. 1983

Claimant Sweeney alleged that he had been employed full time for forty-nine months out of the previous eight years. Sweeney offered documentation substantiating only twenty-three months of full time employment. He testified that he had been employed full time by a company for twenty-three months but was unable to obtain documentation to substantiate this employment because the company’s records had been lost in a flood. Sweeney did offer into evidence a letter from the owner’s son stating that Sweeney had been employed there but that he could not provide dates because of the loss of the records. Sweeney further testified that he was employed two months and three weeks by another company but that the owner refused to retrieve records which would verify this employment.

The only evidence presented with respect to the requirement that unemployment compensation benefits be exhausted was Sweeney’s own testimony that he applied for and was denied benefits.

[49]*49The Hearing Officer denied Sweeney’s appeal concluding that he “ha[d] not presented documentation that he has exhausted a unemployment compensation claim within the eight year period prior to his application for assistance.” The Hearing Officer’s decision was affirmed by the Department’s Office of Hearings and Appeals. After Sweeney’s request for reconsideration was denied, an appeal was taken to this Court.

Initially, we note that our scope of review from orders of the Department of Public Welfare is limited to a determination of whether an error of law was committed, constitutional rights were violated, or findings of faet were unsupported by substantial evidence. Klingerman Nursing Center, Inc., v. Department of Public Welfare, 73 Pa. Commonwealth Ct. 470, 458 A.2d 653 (1983).

Before this Court, claimants argue that the Hearing Officers erred as a matter of law in concluding that they had failed to exhaust their unemployment compensation benefits because they did not qualify for such benefits. The issue of whether Section 432-(3)(i)(H) of the Code requires that an applicant for general assistance qualify for unemployment compensation benefits was addressed by this Court in Fisher v. Department of Public Welfare, 82 Pa. Commonwealth Ct. 116, 475 A.2d 873 (1984).4 In Fisher, five applicants for general assistance were denied chronically needy status solely because they did not qualify for unemployment compensation. We reversed holding that:

[T]he Legislature did not intend that an applicant for general assistance pursuant to Section 432(i)(H) of the Code, qualify for unem[50]*50ployment benefits as a prerequisite to entitlement for general assistance. The applicant need only exhaust such benefits should they be available.

Id. at 122, 415 A.2d at 876.

Here, the Hearing Officer specifically found that Chatham did not qualify for unemployment compensation benefits and, based on this finding, concluded that he therefore failed to exhaust such benefits. In light of the holding in Fisher, we reverse this conclusion.

In the'case of Sweeney, the Hearing Officer made no findings of fact on the issue of whether Sweeney qualified for unemployment compensation benefits.

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Related

Citizen Care, Inc. v. Commonwealth
545 A.2d 455 (Commonwealth Court of Pennsylvania, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
494 A.2d 18, 90 Pa. Commw. 44, 1985 Pa. Commw. LEXIS 1250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chatham-v-commonwealth-pacommwct-1985.