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DeBONE v. DEPARTMENT OF PUBLIC WELFARE

929 A.2d 1219 (2007)

Elizabeth C. DeBONE, Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent.

Commonwealth Court of Pennsylvania.

Decided May 31, 2007.

Publication Ordered August 9, 2007.

Attorney(s) appearing for the Case

Dominic Ciarimboli and Ralph D. Conrad, Greensburg, for petitioner.

Nora E. Gieg, Asst. Counsel and Andrew Coates, Sr. Asst. Counsel, Pittsburgh, for respondent.

BEFORE: BONNIE BRIGANCE LEADBETTER, President Judge, and DORIS A. SMITH-RIBNER, Judge, and ROBERT SIMPSON, Judge.

OPINION BY President Judge LEADBETTER.

Petitioner Elizabeth C. DeBone petitions for review of the order of the Department of Public Welfare (Department), which affirmed the denial of her application for medical assistance nursing home care (medical assistance) benefits on the ground that she had available resources well in excess of the allowable limit of $2,400. The primary question at issue on appeal is whether the principal of a discretionary support trust, which...

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