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BLUMER v. DHFS

No. 99-1053.

237 Wis.2d 810 (2000)

2000 WI App 150

615 N.W.2d 647

Irene BLUMER, Petitioner-Appellant, v. WISCONSIN DEPARTMENT OF HEALTH AND FAMILY SERVICES, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided June 8, 2000.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Mitchell Hagopian of Elder Law Center of the Coalition of Wisconsin Aging Groups of Madison.

On behalf of the respondent-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Maureen McGlynn Flanagan, assistant attorney general.

Brief of amicus curiae was filed by Carol Wessels Plaisted of SeniorLAW of Milwaukee on behalf of Legal Action of Wisconsin, Inc.

Before Dykman, P.J., Vergeront and Roggensack, JJ.

¶ 1. ROGGENSACK, J.

Irene Blumer appeals from a decision of the Department of Health and Family Services (DHFS) to deny her Medical Assistance (MA) benefits. Irene claims the hearing examiner erred in applying the "income-first" rule instead of the "resource-first" rule when determining whether the increase the community spouse resource allowance. The hearing examiner's decision was based on a provision found in the Wisconsin Statutes but not contained in federal...

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