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JENKINS v. DSHS

Nos. 78652-6, 78931-2.

157 P.3d 388 (2007)

David J. JENKINS, Respondent, v. WASHINGTON STATE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Appellant. Venetta Gasper, and Tommye Myers, Respondents, v. Washington State Department of Social and Health Services, Petitioner.

Supreme Court of Washington, En Banc.

Decided May 3, 2007.

Attorney(s) appearing for the Case

William Lee Williams, Michael Mackaman Young, Attorney General's Office, Olympia, for Appellant.

Meagan J. MacKenzie, Amy Louise Crewsdon, Northwest Justice Project, Olympia, Gregory A. McBroom, Livengood Fitzgerald & Aslkog, Kirkland, Rajiv Nagaich, Law Offices of Johnson & Nagaich, Federal Way, for Respondent.

Dmitri L. Iglitzin, Schwerin Campbell Barnard & Iglitzin LLP, Seattle, for Amicus Curiae (Service Employees International Union, Local 775).

C. JOHNSON, J.

¶ 1 This case involves a challenge to a Washington State Department of Social and Health Services (DSHS) regulation that reduces disabled recipients' benefits because they live with their paid caregivers. Under the regulation, amended and codified as WAC 388-106-0130(3)(b), formerly WAC 388-72A-0095 (2005), and referred to as the "shared living rule," DSHS reduces recipients' benefits by 15 percent if they live with their caregiver.

¶...

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