GENERAL PROVISIONS
§ 201.1. Policy.
Client as the primary source of information. Regulations concerning the client as the primary source of information are as follows:
(1) The client will be the primary source of information in establishing eligibility for financial assistance. As a condition of eligibility the client will be required, to the extent that he is able, to substantiate the information he has provided by documentary evidence or other means as may serve to establish the truth of his statements.
(2) The worker should keep in mind that, because of age, physical or mental disabilities, language difficulties, and other factors, individuals will have differing capacities for assisting with the establishment of eligibility. The client will always be informed that the help of the worker will be available to him to the extent that it is needed at any point.
Notes of Decisions Parents of an infant and not the infant are required to comply with this section’s requirement to supply income information. Stanley v. Department of Public Welfare, 535 A.2d 674, 678 (Pa. Cmwlth. 1987).
Petitioner was not entitled to an interim award of medical assistance because she did not comply with the County Assistance Office’s verification attempt. Stanley v. Department of Public Welfare, 535 A.2d 674, 678 (Pa. Commw. 1987).
It was appropriate for the County Assistance Office to turn down applicant’s Medical Assistance application when her husband refused to substantiate information about his income. Stanley v. Department of Public Welfare, 535 A.2d 674, 677 (Pa. Commw. 1987).
When the record did not reflect whether the claimant did or did not actually receive the verification request, the court was unable to address the merits of claimant’s argument that it was incumbent upon the CAO to obtain the necessary information from collateral sources since the claimant was unable to verify the information. Yarbrough v. Department of Public Welfare, 478 A.2d 956, 957 (Pa. Cmwlth. 1984).
A recipient’s failure to provide documentary evidence that her husband did not reside with her does not disqualify her from receiving benefits since 55 Pa. Code § 201.1(1) only requires her to provide such evidence ‘‘as she was able’’ to verify his absence. Augelli v. Department of Public Welfare, 79 Pa. Commw. 34, 36, 468 A.2d 524, 525 (1983).
The DPW followed the proper procedures in redetermining a recipient’s eligibility since it attempted to communicate with her but was unsuccessful, she did not contact the county assistance office to provide the requested information, and she was given ample opportunity to present her case at a hearing. Wilson v. Department of Public Welfare, 409 A.2d 1213, 1214 (Pa. Cmwlth. 1980).
The Executive Director did not abuse his discretion in deciding that the claimant’s witnesses and testimony and the lack of documentary evidence were insufficient to provide ‘‘other means’’ for substantiating her claim, and his decision was not a denial of due process. Burks v. Department of Public Welfare, 408 A.2d 912, 914 (Pa. Cmwlth. 1979).
Since the duty to demonstrate eligibility is on the claimant, the denial of assistance is proper if the claimant fails to return the information forms concerning the income available to her legally responsible relatives. Dempsey v. Department of Public Welfare, 404 A.2d 1373, 1375 (1979).
This regulation is not unreasonable, and the fact that a recipient chose to participate in a program for which she received additional payments that must be accounted for does not change its reasonableness. Williams v. Department of Public Welfare, 399 A.2d 1150, 1152 (Pa. Cmwlth. 1979).
Cross References This section cited in 55 Pa. Code § 299.36 (relating to eligibility requirements for SSP-only).
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