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MULHERIN v. DEPARTMENT OF PUBLIC WELFARE

No. 866 C.D. 2006.

935 A.2d 40 (2007)

Joseph MULHERIN, Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent.

Commonwealth Court of Pennsylvania.

Decided October 17, 2007.

Attorney(s) appearing for the Case

David J. Gnall, Scranton, for petitioner.

Lisa B. Dees, Asst. Counsel and Allen Warshaw, Chief Counsel, Harrisburg, for respondent.

BEFORE: LEADBETTER, President Judge, and FRIEDMAN, Judge, and KELLEY, Senior Judge.

OPINION BY Judge FRIEDMAN.

Joseph Mulherin (Petitioner)1 petitions for review of the April 6, 2006, order of the Department of Public Welfare (Department), which affirmed the Lackawanna County Assistance Office's (CAO) calculation of Petitioner's eligibility for Medical Assistance for Nursing Facility Services (MA benefits). We reverse and remand.

In 2001, Petitioner applied to the CAO for MA benefits. After reviewing Petitioner...

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