CORRELL v. DIVISION OF SOCIAL SERVICES

No. 9027SC218.

406 S.E.2d 633 (1991)

103 N.C. App. 562

Russell S. CORRELL and Kelly L. Correll, Petitioners-Appellees, v. DIVISION OF SOCIAL SERVICES and Division of Medical Assistance, North Carolina Department of Human Resources, Respondents-Appellants.

Court of Appeals of North Carolina.

August 6, 1991.


Attorney(s) appearing for the Case

Turner, Enochs, Sparrow, Boone & Falk, P.A. by Laurie S. Truesdell and Thomas E. Cone, Greensboro, for petitioner-appellees.

Attorney General Lacy H. Thornburg by Asst. Atty. Gen. Jane T. Friedensen, Raleigh, for respondent-appellants.


PARKER, Judge.

The question presented by this appeal is whether an applicant for Aid to Families with Dependent Children-Medical Assistance ("Medicaid") who does not own the real property on which he resides, but does own other real property contiguous to his residence, may be denied Medicaid benefits based on ownership of such other property.

The underlying facts are not in dispute. Petitioners rent their primary place of residence and they own in fee simple...

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