BEHNKE v. DHSS

No. 87-1921.

146 Wis.2d 178 (1988)

430 N.W.2d 600

Mollie BEHNKE, and Norbert Behnke, Petitioners-Appellants, v. DEPARTMENT OF HEALTH & SOCIAL SERVICES of the State of Wisconsin, Respondent.

Court of Appeals of Wisconsin.

Decided August 3, 1988.


Attorney(s) appearing for the Case

On behalf of the petitioners-appellants there were briefs and oral argument by John W. Strasburg, S.C., of Milwaukee.

On behalf of the respondent there was a brief by Donald J. Hanaway, attorney general, and Donald P. Johns, assistant attorney general. There was oral argument to Donald P. Johns.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.


NETTESHEIM, J.

Mollie Behnke and her son Norbert Behnke appeal from a judgment affirming a Department of Health and Social Services (DHSS) determination that the Washington County Department of Health and Social Services (Washington county) was "substantially justified" in denying medical assistance benefits to Mollie.1 Based upon this determination, DHSS denied Mollie's request for costs and attorney fees pursuant to sec. 227.485(3) and...

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