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

Nos. 9317SC352, 9323SC718.

446 S.E.2d 809 (1994)

Reba C. ELLIOT, Guardian for Bobby G. Casstevens v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES. Billy Page SEXTON, Administrator for Wilma J. Sexton v. David H. FLAHERTY, Secretary North Carolina Department of Human Resources and Mary Deyampert, Director, Division of Social Services, North Carolina Department of Human Resources in their official capacities.

Court of Appeals of North Carolina.

August 2, 1994.

Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Asst. Atty. Gen. Jane T. Friedensen and Associate Atty. Gen. Elizabeth J. Weese, Raleigh, for respondent-appellee.

Legal Aid Soc. of Northwest North Carolina, Inc. by Joseph P. Henry, Winston-Salem, for petitioner-appellant.

Atty. Gen. Michael F. Easley by Asst. Atty. Gen. Claud R. Whitener, III, Raleigh, for respondent-appellee.

Legal Services of Blue Ridge, Inc. by Charlotte Gail Blake, Boone, for petitioner-appellant.

McCRODDEN, Judge.

Upon motions of respondents, this Court has consolidated these appeals, both of which arise out of the Department of Human Resources's (DHR's) denial of medical assistance benefits (Medicaid) sought by petitioners. Respondents denied Medicaid benefits to petitioners because petitioners' resources exceeded the allowable reserve limit. For a single person such as Mr. Casstevens, the applicable asset limit to receive Medicaid benefits through DHR is...

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