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DINEEN v. MISSOURI STATE DIV. OF FAMILY

No. 49272.

697 S.W.2d 564 (1985)

Helen DINEEN, Plaintiff-Respondent, v. MISSOURI STATE DIVISION OF FAMILY SERVICES, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

September 10, 1985.

Attorney(s) appearing for the Case

Paul T. Keller, Kathleen A. Wojciehowski, Dept. of Social Services, Gen. Counsel Div., Jefferson City, for defendant-appellant.

John B. Berkemeyer, Berkemeyer & Barks, Hermann, for plaintiff-respondent.

CARL R. GAERTNER, Judge.

The application of respondent, Helen Dineen, for medical assistance benefits (Medicaid) was denied by appellant, the Division of Family Services, because of her interest in a home and 30 acres of land valued at $35,500.00. The basis for appellant's denial is § 208.010.2, RSMo.Supp.1982, which provides in pertinent part:

Benefits shall not be payable to any claimant who: . . . . . (5) Owns or possesses property...

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