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CHAVEZ v. NEW MEXICO HLT. & SOCIAL SERV. DEPT

No. 983.

507 P.2d 795 (1973)

84 N.M. 734

Ossie CHAVEZ, Appellant, v. NEW MEXICO HEALTH AND SOCIAL SERVICES DEPARTMENT, Appellee.

Court of Appeals of New Mexico.

Rehearing Denied February 26, 1973.

Attorney(s) appearing for the Case

Joseph T. Sprague, Albuquerque, for appellant.

David L. Norvell, Atty. Gen., James G. Huber, Agency Asst. Atty. Gen., Richard A. Griscom, General Counsel, N.M.H.S.S.D., Santa Fe, for appellee.

OPINION

WOOD, Chief Judge.

Mrs. Chavez was denied Aid to the Disabled (AD) benefits on the basis that her income exceeded her need when computed by the department's standards. She appeals.

We reverse.

Mrs. Chavez is a diabetic with advanced heart disease. She receives disability benefits from the federal government under the Social Security Act. Prior to June 1, 1971, her social security benefits were $111.50 per month. The department standard...

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