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SUTHERLAND v. ND. DEPT. OF HUMAN SERVICES

No. 20040165.

689 N.W.2d 880 (2004)

2004 ND 212

Marian SUTHERLAND, Appellant v. NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES and McKenzie County Social Services Board, Appellees.

Supreme Court of North Dakota.

November 19, 2004.

Attorney(s) appearing for the Case

Andrea H. Smith (argued), Legal Services of North Dakota, Minot, N.D., and James Patrick Fitzsimmons (appeared), Legal Services of North Dakota, New Town, N.D., for appellant.

Jean R. Mullen (argued), Assistant Attorney General, Attorney General's Office, Bismarck, N.D., for appellees.

VANDE WALLE, Chief Justice.

[¶ 1] Marian Sutherland appealed from a judgment affirming a Department of Human Services' decision that she was not disabled for purposes of receiving Medicaid benefits. We hold the Department's disability determination must follow the Social Security Administration's five-step process for evaluating disability. We reverse and remand for proceedings consistent with this opinion.

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