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STEVENS v. DEPARTMENT OF SOCIAL WELFARE

No. 91-227.

620 A.2d 737 (1992)

Beverly M. STEVENS v. DEPARTMENT OF SOCIAL WELFARE, Cornelius Hogan, Secretary.

Supreme Court of Vermont.

December 11, 1992.

Attorney(s) appearing for the Case

Sheila E. Reed, Vermont Senior Citizens Law Project, St. Johnsbury, for plaintiff-appellant.

Jeffrey L. Amestoy, Atty. Gen., Montpelier, and Wendy A. Burroughs, Asst. Atty. Gen., Waterbury, for defendant-appellee.

Before ALLEN, C.J., GIBSON and JOHNSON, JJ., and PECK, J. (Ret.), Specially Assigned.

GIBSON, Justice.

Plaintiff Beverly Stevens appeals from a decision of the Secretary of the Agency of Human Services (Secretary) reversing a decision of the Human Services Board (Board) that granted her retroactive Medicaid benefits. The Secretary concluded that reversal was necessary because the Board (1) exceeded the authority granted it in 3 V.S.A. § 3091(d) by applying the doctrine of equitable estoppel, and (2) erroneously held that the elements of estoppel...

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