40 Pa. Commw. 585 | Pa. Commw. Ct. | 1979
Opinion by
The appellant, Edna Bardo, appeals from an order of the Pennsylvania Department of Public Welfare (DPW) -which denied her application for emergency assistance. She is a recipient of Aid to Families with Dependent Children (AFDC) for herself and her minor children, and the mobile home which she was renting was totally destroyed by a windstorm. Upon request to the County Board of Assistance, she was denied funds on the basis that no “civil disorder emergency” has been declared, and this decision was affirmed after a fair hearing was held by the DPW Hearing Officer. This appeal followed.
The appellant relied upon Williams v. Wohlgemuth, 400 F. Supp. 1309 (E.D. Pa. 1975), aff’d, 540 F.2d 163 (3d Cir. 1976), and argues that the DPW regulation here involved is invalid because it is inconsistent with federal law and is, therefore, violative of the Supremacy Clause of the Constitution of the United States, wherefore she seeks retroactive grant of benefits. The DPW agrees that the Williams decision is controlling but submits that it operates to bar rather than to grant the appellant’s claim.
In Williams, supra, recipients of AFDC benefits filed a class action
As to whether or not the Williams case is res judicata as to the appellant’s claim, it is clear, of course, that this doctrine applies when there is an identity of the thing sued upon or for, identity of the cause of action, identity of persons and parties of the action and identity of the quality or capacity of the parties suing or sued. McCarthy v. Township of McCandless, 7 Pa. Commonwealth Ct. 611, 617, 300 A.2d 815, 820
Whether or not res judicata operates to bar the appellant rather than to grant her claim for retroactive benefits, of course, does raise a further question. When there is an identity of the cause of action, the preclusive effect of res judicata extends to any claim which was or could have been raised in the prior action. Stevenson v. Silverman, 417 Pa. 187, 208 A.2d 786 (1965). The moving party must recover all damages arising from a given set of facts in a single action when the first forum has the ability to give the relief sought in the second forum. International Prisoners’ Union v. Rizzo, 356 F. Supp. 806 (E.D. Pa. 1973). The crucial issue then becomes whether or not in this case the federal court had the ability to give the relief requested here, i.e., retroactive benefits. In Illinois, public aid recipients filed suit in district court alleging that the state was administering a federal-state program in a manner inconsistent with federal regulations. In an unpublished opinion the district court declared the state regulations to be invalid to the extent of their inconsistency with the federal regulations and ordered the state officials to pay retroactive benefits. The Seventh Circuit Court of Appeals affirmed the decision. Jordan v. Weaver, 472 F.2d 985 (7th Cir. 1973). On certiorari, the United States
When Pennsylvania adopted an emergency assistance program it could not limit its program by restricting payment under particular emergencies. And, as we have stated, the DPW regulation under which the appellant was denied benefits was invalid because the Social Security Act required emergency assistance to be provided to all eligible recipients when they encountered an emergency. Accordingly, a recipient of APDC eligible for emergency assistance under federal standards could not be denied benefits under invalid DPW regulations. See Harer v. Department of Public Welfare, 31 Pa. Commonwealth Ct. 136, 375 A.2d 865 (1977); Caddy v. Department of Public Welfare, 14 Pa. Commonwealth Ct. 317, 322 A.2d 140 (1974). We believe, therefore, that the determination of the DPW denying the appellant benefits was contrary to the controlling federal statute and that benefits must here be granted.
Order
And Now, this 27th day of February, 1979, the order of the Department of Public Welfare is hereby reversed and this case is remanded to the Department of Public Welfare in order to grant the Petitioner appropriate benefits consistent with this opinion.
The class in Williams v. Wohlgemuth, 400 F. Supp. 1309 (E.D. Pa. 1975), aff’d, 540 F.2d 163 (3d Cir. 1976) was defined as follows :
[A] 11 citizens and bona fide residents of the Commonwealth of Pennsylvania who are recipients of Aid to Families with Dependent Children, who require emergency assistance pursuant to 42 U.S.C. §§603 (a) (5) and 606(e), and whose need for emergency assistance in addition to their regular assistance grants was beyond their control and the granting of emergency assistance will avoid destitution, but who will in the future be denied the emergency assistance. (Emphasis added.)
It is clear that a federal court decision is res judicata in subsequent state proceedings. Stoll v. Gottlieb, 305 U.S. 165 (1938); Department of Labor and Industry ex rel. Unemployment Compensation Fund v. Peters, 18 Pa. Commonwealth Ct. 448, 336 A.2d 706 (1975).
The Commonwealth may be denied federal funds because of the failure to follow federal guidelines; however, as Judge Menceb has stated for this Court in a similar situation, “[W]e cannot . . . sacrifice the rights of individuals clearly granted by law merely