MULDER v. SD. DEPT. OF SOCIAL SERVICES

No. 22731.

675 N.W.2d 212 (2004)

2004 SD 10

Ervin MULDER, Appellant, v. SOUTH DAKOTA DEPARTMENT OF SOCIAL SERVICES, Appellee.

Supreme Court of South Dakota.

Decided January 28, 2004.

Rehearing Denied March 5, 2004.


Attorney(s) appearing for the Case

Kathlene M. Groth, Sioux Falls, SD, for appellant.

Lawrence E. Long, Attorney General, Kirsten Jasper, Assistant Attorney General, Pierre, SD, for appellee.


SABERS, Justice.

[¶ 1.] The Department of Social Services (DSS) issued a final decision upholding its calculation of Ervin Mulder's "available" income for determining his long term care benefits under Medicaid. The circuit court affirmed and Mulder appeals, arguing that his available income should not include the amount he pays for alimony and that the determination is an arbitrary and capricious interpretation of Medicaid. We reverse.

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