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SINCLAIR v. H&SS DEPARTMENT

No. 75-229.

77 Wis.2d 322 (1977)

253 N.W.2d 245

SINCLAIR and wife, Respondents, v. DEPARTMENT OF HEALTH & SOCIAL SERVICES, Appellant.

Supreme Court of Wisconsin.

Decided May 3, 1977.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and George B. Schwahn, assistant attorney general.

For the respondents the cause was submitted on the briefs of Vance L. Sinclair of Chippewa Falls.

A brief amicus curiae for Wisconsin Welfare Rights Organization was filed by Angela E. Canellos, Alexandra L. Waeffler and Steven H. Steinglass of Milwaukee Legal Services, Inc.

ABRAHAMSON, J.

In April of 1974, Fred Sinclair and Lulu Sinclair, who are husband and wife, applied to Chippewa county authorities for payment of medical assistance under the provisions of sec. 49.46, Stats. Eligibility was asserted on the ground that the Sinclairs were either receiving or were eligible to receive—the record is not clear as to which—Supplemental Security Income (SSI) payments under Title XVI...

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