Department's Objection To Exhibit A-1

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ANALYSIS AND CONCLUSION At the administrative hearing, the Department’s evidence was entered into the hearing record without objection. The Department’s Representative objected to the Appellant’s Exhibit A-1 being entered into the hearing record as evidence because the Department asked the Appellant if she had additional medical documentation that had not previously been provided and the Appellant indicated that she did not. The Appellant agreed that she did tell the Department’s Representative that she had no other medical information because she “did not understand the question”. The ALJ finds that the Department’s objection to Exhibit A-1 is overruled. Since Exhibit A-1 is verification from a credible source and verifies the Appellant’s…show more content…
The question on appeal, therefore, is not whether the CAO or administering agency acted properly based upon the information then available, but whether the appellant was eligible for the period of time at issue based upon evidence of eligibility the client is able to provide at or before the hearing.” Furthermore, the burden of establishing eligibility for assistance programs rests with the…show more content…
Dep't of Pub. Welfare, 807 A.2d 310, (Pa. Cmwlth. 2002) In this case, the Appellant provided verification from her eye doctor that showed additional medical conditions, not previously known to the Department. (Exhibit A-1) The ALJ finds that this new medical documentation may change the outcome of the Appellant’s eligibility for EMA. Although the Department did not have this information at the time of the denial, the Appellant was able to provide information that could change the Department’s decision of ineligibility. Therefore, for all the foregoing reasons, the ALJ concludes that the Appellant was able to provide verification to substantiate her claim that she had other medical conditions that could qualify her for EMA, therefore; the Appellant’s appeal is SUSTAINED. Subsequently, an appropriate Order will
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