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HAMER v. DEPARTMENT OF HUMAN SERVICES

No. 84-16.

492 A.2d 1253 (1985)

Donald J. HAMER, As Personal Representative of Cora J. Duvall, Petitioner, v. DEPARTMENT OF HUMAN SERVICES, GOVERNMENT OF the DISTRICT OF COLUMBIA, Respondent.

District of Columbia Court of Appeals.

Decided May 16, 1985.

Attorney(s) appearing for the Case

Louis P. Robbins, Washington, D.C., with whom Todd S. Deckelbaum and Martin J. Gaynes, Washington, D.C., were on the briefs, for petitioner.

Edward E. Schwab, Asst. Corp. Counsel, Washington, D.C., with whom Inez Smith Reid, Corp. Counsel, John H. Suda, Principal Deputy Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on the brief, for respondent.

Before PRYOR, Chief Judge, and BELSON and TERRY, Associate Judges.

BELSON, Associate Judge:

Petitioner, the personal representative of decedent Cora Duvall, appeals the District of Columbia Department of Human Services' (DHS) determination that decedent was ineligible for Medical Assistance (Medicaid) benefits. Petitioner does not dispute the fact of decedent's ownership of resources in excess of Medicaid guidelines. Petitioner contends, however, that these guidelines are invalid because DHS omitted, on federal command, the provision...

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