53 Pa. Commw. 575 | Pa. Commw. Ct. | 1980
Opinion by
Raymond Miller (petitioner) contests a Department of Public Welfare (DPW) decision to discontinue assistance benefits to him and his family because of his failure to reimburse DPW for monies received while he awaited delayed payments of Federal Civil Service Disability Retirement benefits.
Our scope of review of a DPW adjudication is restricted to a determination as to whether or not the decision violated the petitioner’s constitutional rights, was in accordance with the law and was supported by substantial evidence. Administrative Law and Procedure, 2 Pa. C. S. §704.
The hearing examiner addressed two issues: 1) whether or not delayed Civil Service Disability Retirement Benefits in the control of a recipient of AFDC assistance are subject to reimbursement by the DPW and 2) whether or not the accumulated benefits are
The petitioner contends that delayed Civil Service benefits are not reimbursable by the Commonwealth because federal law exempts these payments from attachment and other legal process.
Moreover, we find no error in the hearing examiner’s determination that the retirement disability funds were within the petitioner’s control and available to meet the needs of his family. The record reveals no evidence that petitioner could not direct his attorney to deplete the trust account at any time, and inasmuch as $2154 exceeds this petitioner’s monthly AFDC allowance, the CAO properly discontinued assistance when it learned that this money was available for his use.
And Now, this 28th day of August, 1980, the order of the Department of Public Welfare in the above-captioned case is affirmed.
5 U.S.C. §8346 (a) provides:
The money mentioned by this subchapter is not assignable, either in law or equity, except under the provisions of subsections (h) and (j) of section 8345 of this title, or subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal laws.
5 U.S.C. §§8345(h) and (j) are not applicable herein.
Philpott v. Essex County Welfare Board, 409 U.S. 413 (1973) (New Jersey could not seek reimbursement from Social Security disability benefits).
Porter v. Aetna Casualty & Surety Co., 370 U.S. 159 (1962) (Veterans’ disability benefits maintained their creditor-exempt status even after deposit into a savings and loan association).
Section 207 of the Social Security Act, 42 U.S.C. §407, provides :
The right of any person to any future payment under this subchapter shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
Payments of benefits due or to become due under any law administered by the Veterans’ Administration shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be . . . exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.
This is not inconsistent with the decisions relative to Social Security and Veterans’ benefits because the Social Security language refers to monies which are “paid or payable”, 42 U.S.C. §407, and the language of the Veterans’ Act protects payments “either before or after receipt by the beneficiary.” Section 8346(a) contains no such specific language.