MARTIN v. OHIO DEPT. OF HUMAN SERV.

No. 97-CA-0004.

122 Ohio App.3d 679 (1997)

MARTIN, Appellant, v. OHIO DEPARTMENT OF HUMAN SERVICES, Appellee.

Court of Appeals of Ohio, Second District, Clark County.

Decided August 22, 1997.


Attorney(s) appearing for the Case

Elbert G. Smith, for appellant.

Betty D. Montgomery, Attorney General, Margaret E. Adams, Assistant Attorney General, Health and Human Services Section, for appellee.


GRADY, Judge.

This is an appeal from a judgment of the court of common pleas affirming a decision of the Ohio Department of Human Services ("ODHS") that denied Theodora Martin's application for Medicaid assistance. The basis of the denial was a trust that Martin and her late husband had established for their own benefit, which ODHS found was a "countable resource" of Martin's that caused her resources to exceed the maximum for Medicaid eligibility, $1,500.

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