Wednesday, October 28, 2009

UC - appeal - statement of objections - PRAP 1513(d) - Deal, et al.

http://origin-www.courts.state.pa.us/OpPosting/Cwealth/out/1170CD08_10-28-09.pdf - unreported

Another appeal quashed because the claimant's "general statement of objections to the Board's order in the petition for review fails to fairly embrace the issues raised in his brief filed by his attorney," following Deal v. UCBR, 878 A.2d 131 (Pa. Cmwlth. 2005) and Maher v. UCBR (Pa. Cmwlth., No. 1843 C.D. 2008, filed October 27, 2009) and rejecting Pearson v. UCBR, 954 A.2d 1260 (Pa. Cmwlth. 2008).

UC- vol. quit - follow-the-spouse - necessity

http://origin-www.courts.state.pa.us/OpPosting/Cwealth/out/652CD09_10-28-09.pdf - unreported

Benefits denied in follow-the-spouse case where spouse took new job in South Carolina to improve his career, and not as a matter of necessity. "It wasn't relocate or else."

“[I]n a following the spouse case the reason for the spouse’s relocation must be beyond the spouse’s control and not a matter of personal preference.” Procito v. UCBR, 945 A.2d 261, 266 (Pa. Cmwlth. 2008). Further, “[w]here a claimant terminates employment to join a relocating spouse, the claimant must demonstrate an economic hardship in maintaining two residences or that the move has posed an insurmountable commuting problem.” Sturpe v. UCBR, 823 A.2d 239, 242 (Pa. Cmwlth. 2003).

Social Security Number - prohibition against disclosure - F.R. Civ. Pa. 5.2(a)

Federal Rules of Civil Procedure 5.2(a) (Privacy Protections for Filings Made with the Court) states that any court filing "may include only" the last 4 digits of a person's social security number and just the year of a person's birth.

A federal district court in Minnesota (Engeseth v. County of Isanti) recently sanctioned an attorney $5,000 for including the full social security numbers of 179 people in an affidavit filed with the court and discussed the serious threat of identity theft.

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