IN THE COMMONWEALTH COURT OF PENNSYLVANIA Subhash A. Patel, : : Petitioner : : v. : No. 370 C.D. 2018 : Submitted: November 9, 2018 Department of Human Services, : : Respondent : BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge HONORABLE ANNE E. COVEY, Judge HONORABLE MICHAEL H. WOJCIK, Judge OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE WOJCIK FILED: April 5, 2019 Subhash A. Patel (Patel), proceeding pro se, petitions for review of a final administrative action order of the Department of Human Services (Department), Bureau of Hearings and Appeals (BHA) that affirmed the denial of Patel’s application for cash assistance for failure to meet the categorical eligibility requirements pursuant to the Human Services Code (Code)1 and attendant regulations. Patel contends that the BHA erred or abused its discretion by denying his application and by discriminating against him based on his age and his status as a U.S. citizen. Discerning no error, we affirm. On October 27, 2017, Patel applied for cash assistance for himself. The Delaware County Assistance Office (CAO) rejected the application. Patel appealed. An Administrative Law Judge (ALJ) held a “face-to-face hearing” on February 5, 1 Act of June 13, 1967, P.L. 31, as amended, 62 P.S. §§101-1503. 2018. At the hearing, a Department Income Maintenance Caseworker and Patel testified and presented evidence. Based on the evidence presented, the ALJ found that, at the time of his application for cash assistance, Patel was 59 years old, single and had no children in his household. Patel is not blind or permanently disabled. Patel is not a refugee. On October 24, 2017, the CAO sent written notice to Patel notifying him that he is ineligible for various assistance for failure to meet the categorical requirements. ALJ Adjudication, 2/9/18, Findings of Fact (F.F.) Nos. 2-5. The ALJ reviewed the types of cash assistance available, namely, (1) Temporary Assistance for Needy Families (TANF), (2) General Assistance, (3) State Blind Pension, (4) Supplemental Security Income (SSI), and (5) Refugee Cash Assistance, and their eligibility requirements. First, the ALJ noted that the General Assistance program was eliminated effective August 1, 2012, prior to Patel’s application. As for the remaining assistance, the ALJ determined Patel did not meet the categorical requirements. The ALJ explained that Patel did not testify or present evidence of any visual impairment to qualify for the State Blind Pension; did not indicate he was a refugee to qualify for Refugee Cash Assistance; is under the age of 65 and is not disabled, therefore he does not qualify for SSI; and is not an unemployed parent caring for a child as required for TANF. Thus, the ALJ concluded that the CAO correctly determined Patel was ineligible for assistance and denied his appeal. ALJ Adjudication at 6-7. From this decision, Patel filed an appeal with the BHA, which affirmed. Patel then petitioned this Court for review.2 2 This Court’s review of an adjudication of the BHA is limited to determining whether the adjudication is supported by substantial evidence, whether an error of ...
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