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GILLMORE v. ILL. DEPT. OF HUMAN SERVICES

No. 4-04-0048.

822 N.E.2d 882 (2004)

345 Ill. App.3d 497

291 Ill.Dec. 7

Martha GILLMORE, Executrix of the Estate of Mary A. Fillbright, Deceased, Plaintiff-Appellant, v. The ILLINOIS DEPARTMENT OF HUMAN SERVICES, Acting Through Linda Renee Baker, Its Secretary, and Jackie Garner, Director, Illinois Department of Public Aid, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

Decided December 10, 2004.

As Modified Upon Denial of Rehearing January 19, 2005.

Attorney(s) appearing for the Case

Duane D. Young (argued), Dawn D. Behnke, LaBarre, Young & Behnke, Springfield, for Martha Gillmore.

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, Timothy K. McPike, Assistant Attorney General (argued), Chicago, for Department of Human Services.

MODIFIED UPON DENIAL OF REHEARING

Justice APPLETON delivered the opinion of the court:

Plaintiff, Martha Gillmore, as the executrix of Mary A. Fillbright's estate, appeals from the circuit court's order affirming the administrative decision of the Illinois Department of Human Services (Department). The Department awarded Fillbright medical assistance beginning January 1, 2002. However, the award was subject to a penalty period from April 2002 through January...

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