HomeMy WebLinkAboutMINUTES - 05181993 - H.3 FROM:Perfecto Villarreal, Director
Social Service Department
DATE: May 11, 1993
SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING
DECISION BY CHARLIE BURKE
SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND
JUSTIFICATION
RECOMMENDATION:
That the Board deny Charlie Burke's appeal of the General Assistance Hearing
decision.
BACKGROUND:
Claimant filed request for Hearing on January 25, 1993. The hearing was
scheduled for March 2, 1993. The claim was denied.
Signature: '
ACTION OF BOARD ON May 18 , 1993
APPROVED AS RECOMMENDED OTHER x
On May 11 , 1993 , the Board of Supervisors continued to this
date the hearing on the appeal of the General Assistance
Evidentiary hearing decision by Charlie Burke.
Jewel Mansapit, General Assistance Program Analyst, Social
Service Department, responded to the Board' s request of May 11 ,
1993 to provide verification of Mr. Burke ' s medical condition
and of his phone call to the GAADDS office.
Supervisor Bishop requested clarification on the need to
provide a doctor ' s excuse if an appointment is not able to be
kept.
Ms. Mansapit responded to the need to provide verification
of: an illness on that particular day.
On Recommendation of Supervisor Powers, IT IS BY THE BOARD
ORDERED that the appeal by Charlie Burke from the General
Assistance Hearing decision is GRANTED.
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AD
AYES: I , I I , IV, V ENTERED ON THE MINUTES OF THE BOARD OF
NOES: III SUPERVISORS ON THE DATE SHOWN.
ABSENT: None ATTESTED May 18, 1993
ABSTAIN• None PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS ND COUNTY ADMINISTRATOR
cc: Social - Service Dept. BY DEPUTY
Program Analyst - '
County Counsel
Charlie Burke
Ralph Murphy
- - Please reply iol .
ocial• Service DepartmentContraA¢>xalt
Costa - � (510) 313- 790
Perfecto-•Villareal( / 40 Douglas Dr.
. Director 'cY Martinez, Ca. 94553
GENERAL ASSISTANCE EVIDENTIARY NEARING DECISION
Appeals Officer: / �, (� I� Hearing Date:
Place of Meacing: Q Martinez qkAntioch Q Richmond
rhe proceeding was tape recorded and all testimony and evidence was accepted under penalties of perjury-
IN THE MATTER OF: Case jF07- li'7 76
&)A /r✓ Filing Date: f3
Aid Paid Pendrng Nearing IX yes : Q No
Date of Notice-
Effective Date of Action: .
•RESENT:
VNiciaimant CountyRegresentative(s):
Q--Authorized Representative(.`,: 46RMS
Q v��tness(es):
( ,Other. 1CAA t°R
kCTiON UNDER APPEAL:
DenialDiscontinuance
Q Application Date 0 Effective Date
Q Notice of Action Notice of Action
Q Period of ineligibility
SUE:
Employment Requ+rerniEnts [] Unemployability Regv1i.eMent4
[] Employability Assessment. Q Medi(ai Verillcatson
Tota sear(!, Unempioyab"isty ASscssmenl
[� VVorkfa(e AIRS asseYsment and parliobat,on
[� Job Owl!I t ed lot
C) tr"0 kSltol,
-j Gccd Catse
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION (cont'd.)
1UR(SOk"ON OM 49-700. DM 49-701
Timely filing of Appeal ❑ Challenge only to Regulation
❑ untimely Filing of Appeal : ❑ Issue Outside Scope of Program
Period Expired:
❑ Good Cause
EVIDENCE CONSIDERED
aimant Testimony E] Documentary
6/c'ounty Testimony ❑ GA 34 Cooperation Agreement
Document Date:
❑ .Assessment Appointment Notice
❑ Work Programs Notice
❑ Other:
3(SPOSMONAL FINDINGS/CONCLUSION
The evidence and testimony having been heard and considered,the following findings are reached:
a rec ive id not receive notice of the particularassignment under review
Claima wa as not capable of understanding and meeting the particular assignment under review"..;
❑ Educational ❑ Physical ❑ Emotional (DM 49-10211 B.)
❑Geod Cause (DM 49-1 1 1 II F)
❑ Good Cause Exists [q—'(;ood Cause Does Not Exists
❑ Employment has been obtained
❑ Scheduled lob interview or Testing
❑ Mandatory Court Appearance
❑ Incarceration
❑ Illness
❑ Death in the Family
❑ Circumstances beyond Applicar% /Recipient's control
Willfulness (E)m 49-1 1 1 II til
Willfulness Exists WI-itfulness Ooes,flot Exists
Failure was deliberate and intentional County rescinded willfulness determination
❑ Failure was more than a single occurrence Q County failed to provide sufficient evidence to
t
❑ Failure was the result of inient,onal mistake/omission establish willfulness
r
❑ failure v:a, 11)dgcat :e.of a pattern of non-cooperation [) Other
❑ eailtL-C- tis t dtm<jt care or 60use
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION
Summary of Fact And Statement Of The Evidence:
Claimant is an employable person and has received County General
Assistance since . 1991 . He is a mandatory participant in the
General Assistance Alcohol and Drug Diversion Services program, and
most recently signed the General Assistance Cooperation Agreement
in 5/92 . Relevant to GAADDS appointments , he had been told to call
his eligibility worker before the appointment time if he were
unable to appear due to illness and in that event to provide
medical verification. to his Eligibility Worker.
Claimant testified that he is a diabetic and on 1/6/93 , the date of .
his group meeting, he felt ill before taking his .insulin. He
testified that he .called GAADDS a little before 10 : 00 a.m. to speak
to Frank (GAADDS Counselor) , who was unavailable. He' told the
secretary .that he was feeling ill but would feel better in a little
while after .taking insulin. He said he told her he would attend the
meeting right then if required to do so. He said .she took his
number and said that Frank would return his call . He testified that
Frank did not return his call until 12 : 30 and refused to reschedule
the appointment although Claimant said he would have appeared.
Claimant ' s father testified further that he could have driven his
son to the appointment had his son been told that he had_ to appear. ,
Claimant testified that he called his eligibility worker after
speaking with Frank and that his eligibility worker "had an
attitude" and . that she said she was "sick of my case" . When
questioned closely about the worker 's alleged. statement he recanted
his testimony but repeated that she had an attitude and had advised
him to appeal . 'Claimant and his father testified that Claimant did
not obtain medical verification because it would take several hours
for an appointment and Frank had . told him that the verification
would have to be marked with the time of 10 : 30 . 'Claimant ' s
father ' s opinion was' that Claimant was incoherent on 1/6 .
FINDINGS AND- CONCLUSION;
It is concluded that Claimant willfully failed, without good cause "
to appear for his 1/6 10 : 30 appointment . . .
Claimant ' s testimony on the point of alleged inability to- appear
for his appointment was equivocal : on the one hand he testified
that he was unable to appear while on the other hand he testifies
that he could' have appeared if only Frank had returned his call
earlier to require his appearance. Yet , Claimant had already been
told that he had to appear for that appointment . ' He did not call
his Eligibility Worker prior to 10 : 30 but contrary to instruction .
called GAADDS instead, setting into motion a scenario shifting his
responsibility for failure to Frank. He provided no medical
verification although he clearly acknowledged in Hearing that he
knew he was suppose to do so. He testified under oath to
disparaging remarks allegedly made by his Eligibility Worker which
she did not make, and on the whole his testimony. was self-serving
with no apparent sense of responsibility for. his own actions . All
that was required of Claimant was that if he were unable to appear
for his 1/6 GAADDS app.ointment , he call his eligibility worker .
before 10 : 30 , and provide medical verification of illness. He
chose to do neither .
ORDER:
Claim Denied.
March 22 , 1993
Social Services Appeal-/Officer Date
Program Manager,, Appeals Date
If you are dissatisfied with this Decision, you may appeal the
matter directly to the Contra Costa County Board of Supervisors .
Appeals must be filed in writing with the Clerk of . the Board, 651
Pine Street , Room 16 , Martinez , CA 94553 within thirty (30) days of
the date of the Evidentiary Hearing Decision.
No further aid is paid pending a Board of Supervisors appeal .
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DEL 10192
NOTICE DATE 0 1-I _' `' C4 F v
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CASE NAME •`.i UU.K C HA a L I i
NUMBER 91.— 147 4 7:. 3-C')—0
MIORKER NAME P K_7 i
NUMBER C4
7Gb—Y77
ADDRESS 4541 -!- ELTA FATP :ILVI'•.
ANTIOCH CA 94509
Questions?Ask your Worker.
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Socfal Service Department Contra Please reply to:
40 Douglas Drive
Perfecto Villarreal Costa Martinez,California 94553-4068
Director J
County
SE L
2/19/93 =\`
or.,
rAcoiiti't'
CHARLIE BURKE
1206 C St.
Antioch, CA 94509
Re: 474763 EW: C4FG
Filing Date: 1/25/93
Dear CHARLIE BURKE
We have received your request for an Evidentiary Hearing about your
General Assistance benefits. Your hearing is scheduled for:
Location: 4545 Delta Fair Blvd.
Antioch, CA 94509
Date: 3/02/93
Time: 1:00 PM
Because 7 or more hearings are scheduled for the same hearing time, it
may be necessary for you to wait-for some time before your case is
called. Cases will be heard on a first-come first serve basis. The
Hearing Officer will appreciate your patience.
If you are unable to attend the hearing, please call 313-1790
If you do not attend, the Hearing Officer may dismiss your request
for Hearing. You have a right to an interpreter if you need one.
If you have also filed a request for a State Fair Hearing, you will
receive a letter from the State Department of Social Services about the
time and place for that hearing. The State Fair Hearing is separate and
apart from the County Evidentiary hearing.
Social Service Appeals Unit
KQ/nf
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IJP i 1-141 1z:LII rA CAVA2 UVIVIAA "'VOLA
05-17-1993 11:52AM FROM CC!-SF p1tts TO 23668,16'JL P.02
Contra coat.cowry -J SOu.I Service Dep.rtfnsnt
MEOttALA��St:SS�tt:A4T'
DATlgracaERFAI EMPLOYASILI 'Y STATUS
PAtd! rStNAME t4Coun+rr KYnrcwr saxvtCas osis ONLY
SOCIAL ncuwy! NIATHDATCl
73 0
❑ roewaaQucaT{oN
CASE NAME R>E@VA!_LIATION
SSIPENb1NG -
RKE11 TELEPW ME N ?!
PAT11INrs AUTHORIZATION
f authmze the release of all infamation for the pufpOSR of continuity ofp$tknt cane andvetifitation of disability for
Pubik A.uWance to Contra Costa CW0fy Saciti$en*e Departrnr41t,inckxft information which maybe related to drug,
alcohol or p�hiatric corK itioris. This authorization ifyolid undf. orarte rfrtir>rt signing,
PAn£�i�n'�S16NaruRt±- - ---��� - � CtATE
PA11E1N7"S VrATED COMPWNTI REASON ICOR REMER AL 5
DA'tE LAST WORKSED: a LSPATIUt+I
��e t�R��r,�rsn sY r1�9rethM
1. DEGREE OF EMPLOYABILITY
❑ EMPLOYASLE WITH NO LIMITA'"ONS UNABLE rOWORK UNTll
to
❑ EMPLOYABLE WITH THE FOLkOWINGLIMITATIONS: ❑ PEAMANENTLY b1SAaLED
(Plaaso�cihr)
2. DIAGNOSIS
No d l sab i l S:t y*,. L;i yr a Tx A t t ITJ1-, ,f A c i'l P t�* -
PROGNOSIS J-;'F P 1:. ,311.0 u mme'n d that Ali irA*.�ars P me ax
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atal"i,
11. Does this patient have akohollother substance abuse problems! [3 rE5 ❑ NO ;a uNKNOvM
It-YES'.ib pdtient receiving trealtrnent? ❑ YES ❑ NO
5. Does this patient require a special diet? CYE>< ❑ No
If'YES" e=tic +jIt -
Type Si dw Duration
This it to certify shut tW!;patitrlt was last A on Try- ()-4? Next scheduled appointment isJ ---
�,.�'''� datw GLAte
S. 3400 Delta Fait 81_vd.Antfoch�a 945Q9 5-12-93
Doctor's�f;f m e HOip�talKlinu LOCati4n data
fwcn Completed By 401:41
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Copy l: IMCese#
Co 2: F�,,ucian
w.� ... ....... A.we� r�Z fhwf•r�l
TOTAL P.02
cone c,n_�o o..F.$1A F.71 r 79- 7'7
05 f-17-'77 11 :51 AM POq?