Plouffe v. DHS – Cmwlth. Court - August 21, 2017 –unreported memorandum
opinion*
Appellant, an MA recipient, was 9
minutes late for his appeal hearing, due to his medical condition and his
having fallen on the way to the hearing.
HDS conceded that claimant had good cause for delay and that a remand
hearing on the merits was appropriate.
The
Department does not dispute Client’s right to a hearing. Indeed, a claimant has
a “right to appeal and have a fair hearing” when “applying for or receiving a
money payment, medical assistance, food stamps or services [from the
Department].” 55 Pa. Code §275.1(a)(2).
An
applicant has “the right to appeal from a Department action or failure to act
and to have a hearing if he is dissatisfied with a decision refusing or
discontinuing assistance in whole or in part.” Id. The Department’s regulation
establishes that a case will be dismissed if the Client “fails to appear at the
scheduled hearing without good cause….” 55 Pa. Code §275.4(e)(6)(iii)(A).
Good
cause may be established by evidence of a non-negligent reason for failing to
attend. Eat’N Park Hospitality Group, Inc. v. Unemployment Compensation Board
of Review, 970 A.2d 492, 494 (Pa. Cmwlth. 2008).
Client’s
assertion that he was nine minutes late for the hearing because of a fall is
sufficient, if deemed credible, to establish good cause.
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*An unreported
Commonwealth Court case may not be cited binding precedent but can be cited for
its persuasive value. See 210 Pa.
Code § 69.414(b) and Pa. R.A.P.
3716
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