YATES v. N.C. DEPT. OF HUMAN RESOURCES

No. 8919SC781.

390 S.E.2d 761 (1990)

98 N.C. App. 402

Sharon YATES for William McCOMBS v. N.C. DEPT. OF HUMAN RESOURCES.

Court of Appeals of North Carolina.

May 1, 1990.


Attorney(s) appearing for the Case

Central Carolina Legal Services, Inc. by Stanley B. Sprague, Greensboro, and N.C. Legal Services Resource Center, Inc. by Pam Silberman, Raleigh, for petitioner-appellant.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Jane T. Friedensen, Raleigh, for the N.C. Dept. of Human Resources.


EAGLES, Judge.

Our initial inquiry is whether this appeal must be dismissed for lack of subject matter jurisdiction. The State asserts that only an "applicant or recipient" of Medicaid funds may petition for judicial review of the DHR's eligibility decision and Ms. Yates does not have "standing" to bring a proceeding for judicial review to contest the denial of benefits to her father. Ms. Yates argues that lack of capacity is in issue and that lack of capacity does...

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