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ESTATE OF ROSENBERG v. DEPT. OF P.W.

165 Pa.Commw. 9 (1994)

644 A.2d 215

ESTATE OF Mary ROSENBERG, Deceased, Petitioner, v. DEPARTMENT OF PUBLIC WELFARE, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 13, 1994.

Petition for Allowance of Appeal Granted December 7, 1994.

Attorney(s) appearing for the Case

Jerry B. Chariton, for appellant.

Edward P. Carey, Regional Counsel, for respondent.

Before McGINLEY and KELLEY, JJ., and LORD, Senior Judge.

McGINLEY, Judge.

The Estate of Mary Rosenberg (Estate) petitions for review of a final administrative order of the Department of Public Welfare (DPW), dated August 5, 1993, that affirmed a hearing examiner's decision which denied a request for Medical Assistance (MA)1 benefits for Mary Rosenberg after determining that the remaining principal of a testamentary trust set up by her late husband was an available resource which exceeded the...

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