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SURGEON v. DIVISION OF SOCIAL SERVICES

No. 8622SC1326.

357 S.E.2d 388 (1987)

D. Elaine SURGEON, Personal Representative for Ophelia A. Knotts v. DIVISION OF SOCIAL SERVICES and Division of Medical Assistance, North Carolina Department of Human Resources.

Court of Appeals of North Carolina.

July 7, 1987.

Attorney(s) appearing for the Case

Turner, Enochs, Sparrow & Boone, P.A. by Wendell H. Ott and S. Mark Payne, Greensboro, for petitioner-appellant.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Catherine C. McLamb, Raleigh, for respondent-appellee.

JOHNSON, Judge.

I

Petitioner argues on appeal that (1) respondent's decision to deny petitioner's medicaid benefits retroactive to 1 March 1984, was affected by error of law, (2) respondent's decision was unsupported by substantial evidence, and (3) respondent's decision was based upon unlawful procedure.

Since this is a contested case instituted prior to 1 January 1986, the effective date of G.S. Chap...

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