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BACA v. NEW MEXICO HEALTH & SOCIAL SERVICES DEPT.

No. 780.

496 P.2d 1099 (1972)

83 N.M. 703

Joaquin BACA, Appellant, v. NEW MEXICO HEALTH AND SOCIAL SERVICES DEPARTMENT, Appellee.

Court of Appeals of New Mexico.

Rehearing Denied April 11, 1972.

Certiorari Denied May 4, 1972.

Attorney(s) appearing for the Case

Michael B. Browde, Charles T. DuMars, Albuquerque, for appellant.

David L. Norvell, Atty. Gen., Santa Fe, Robert J. Laughlin, Agency Asst. Atty. Gen., Health & Social Services Dept., for appellee.

OPINION

HENDLEY, Judge.

Baca appeals the denial of Old Age Assistance. He is seventy years of age and has "* * * excessive medical needs due to a heart block which requires that Mr. Baca use a pacemaker." It is undisputed that without medical care Baca will die.

Prior to June 1, 1971, Baca received monthly Social Security benefits in the amount of $105.80. The Department had determined his monthly needs to be $116.00 and accordingly, paid Baca $10...

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