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TUCEK v. DEPT. OF SOCIAL SERVICES

No. 24444.

740 N.W.2d 867 (2007)

2007 SD 106

Tillie TUCEK, Appellant, v. SOUTH DAKOTA DEPARTMENT OF SOCIAL SERVICES, Appellee.

Supreme Court of South Dakota.

Decided October 17, 2007.

Attorney(s) appearing for the Case

Douglas R. Kettering of Kettering Law Office, Yankton, South Dakota, Attorney for appellant.

Lawrence E. Long, Attorney General, Kirsten E. Jasper, Assistant Attorney General, Legal Division, Department of Social Services, Pierre, South Dakota, Attorneys for appellee.

SABERS, Justice.

[¶ 1.] After the Department of Social Services (DSS) sent Tillie Tucek a notice that her long-term care benefits under Medicaid would be terminated, Tucek applied for a hearing. The administrative law judge (ALJ) initially found in favor of Tucek in a pending decision, but later found in favor of the Department. The circuit court affirmed the termination of Tucek's long-term care benefits. Tucek appeals. We affirm.

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