PLAN Legal Update: May 23, 2005

Monday, May 23, 2005

Pa. Bulletin of May 21, 2005

Pa. Bulletin of May 14, 2005

Here are some items of interest from the PA Bulletin of May 14, 2005 as compiled by Don Marritz, MidPenn Legal Services:

Table of Contents Link: http://www.pabulletin.com/secure/data/vol35/35-20/index.html

Pa. Supreme Court - internal procedures - labeling opinions
http://www.pabulletin.com/secure/data/vol35/35-20/923.html

Bar admission rules - limited license attorneys
http://www.pabulletin.com/secure/data/vol35/35-20/922.html

Education - disabled - IDEA-B grant application by state
http://www.pabulletin.com/secure/data/vol35/35-20/945.html

Health - mini-grants to eliminate barriers to community inclusion of children with special health needs
http://www.pabulletin.com/secure/data/vol35/35-20/953.html
http://www.pabulletin.com/secure/data/vol35/35-20/954.html

Unemployment Compensation/TRA case -- Glover v. UCBR

From: Don Marritz, MidPenn Legal Services

Decision: http://www.courts.state.pa.us/OpPosting/CWealth/out/924CD04_5-13-05.pdf

Summary: A few days after the claimant started TRA training, he began working two part-time jobs, in which he earned a total of about $175 per week, $6.00/week more than his partial benefit credit.

Claimant's application for TRA benefits was denied, based on a finding that he had not "exhausted all rights to any " UC insurance benefits. The Board decided that he would be eligible for regular state UC benefits, based on his earnings from his part-time jobs, should he apply for them.

The Court upheld the UCBR, holding that the claimant was "entitled" to state UC benefits and thus did not satisfy the exhaustion requirement under the TRA, 19 USC 2291(a)(3)(B