COOK v. AGENCY FOR PERSONS WITH DISAB.

No. 1D06-4657.

967 So.2d 1002 (2007)

Robert COOK, By Next Friend Eldalee COOK, Appellant, v. AGENCY FOR PERSONS WITH DISABILITIES DISTRICT: 02 GADSDEN UNIT: APD, Appellee.

District Court of Appeal of Florida, First District.

October 26, 2007.


Attorney(s) appearing for the Case

Mizell Campbell, Jr., and Martha F. Barrera of The Advocacy Center for Persons With Disabilities, Inc., Hollywood, for Appellant.

Gail Scott Hill of the Agency for Persons With Disabilities, Tallahassee, for Appellee.


THOMAS, J.

Appellant appeals the hearing officer's final order upholding Appellee's ("the Agency") action approving 6 hours of personal care assistance rather than the requested 9.173 hours. Appellant raises three arguments on appeal: (1) the hearing officer erred by applying a more restrictive definition of medical necessity, (2) the order is not supported by competent, substantial evidence, and (3) the Agency failed to meet its burden of proof that the reduction...

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