50 Pa. Commw. 515 | Pa. Commw. Ct. | 1980
Opinion by
The Department of Public Welfare (DPW) denied Nellie Simmons’ request for replacement of a missing $277.50 public assistance check. This is her appeal; we reverse.
Simmons is receiving monthly assistance of $555.00 for herself and her seven children. On September 5, 1978, she notified DPW that she had not received her August 28, 1978 check. DP W had in its possession a signed voucher reflecting receipt. A handwriting expert testified that the signature was Simmons’. A hearing examiner concluded DPW regulations
We are not persuaded by the reasoning of DPW which in effect would allow it to deny replacement ab
Accordingly, we
Order
And Now, this 15th day of April, 1980, the order of December 1, 1978, filed by the Department of Public Welfare reversing the order of the hearing examiner is hereby reversed and the hearing examiner’s order dated October 24,1978, is reinstated.
55 Pa. Code §229.24(b) (1).
8 Pa. B. 2603 (1978).