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HERMAN v. RAMSEY CTY. COMMUNITY HUMAN SERV.

No. C3-85-528.

373 N.W.2d 345 (1985)

Bessie HERMAN, Petitioner, Appellant, v. RAMSEY COUNTY COMMUNITY HUMAN SERVICES DEPARTMENT, et al., Respondents.

Court of Appeals of Minnesota.

August 20, 1985.

Attorney(s) appearing for the Case

Lawrence M. Shapiro, Maslon, Edelman, Borman & Brand, Minneapolis, for appellant.

Tom Foley, Ramsey County Atty., Gary A. Davis, Asst. County Atty., St. Paul, for respondents.

Hubert H. Humphrey, III, Atty. Gen., Patricia A. Sonnenberg, Sp. Asst. Atty. Gen., St. Paul, for Dept. of Public Welfare.

Heard, considered and decided by PARKER, P.J., and HUSPENI and FORSBERG, JJ.

OPINION

FORSBERG, Judge.

This case arose from a denial by respondent Ramsey County Community Human Services Department of appellant Bessie Herman's application for medical assistance. Ramsey County denied medical assistance because it determined appellant had available to her upon demand the proceeds of a probate court surcharge order in the amount of at least $75,000. Appellant claims the proceeds were not "actually available" to her.

FACTS

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