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VINCENT EX REL. REED v. DEPT. HUMAN SERV.

No. 3-08-0096.

910 N.E.2d 723 (2009)

Mabel VINCENT, a Disabled Person, by Janice REED, her Daughter and Next Friend, Plaintiff-Appellee, v. THE DEPARTMENT OF HUMAN SERVICES, Defendant-Appellant.

Appellate Court of Illinois, Third District.

June 18, 2009.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney Gen., Rachel Murphy (argued), Asst. Atty. Gen., Michael A. Scodro, Solicitor Gen., Chicago, IL, for Appellant.

Virgil A. Thurman (argued), Geneseo, IL, for Appellee.

Justice HOLDRIDGE delivered the opinion of the court:

This action was brought by the plaintiff, Janice Reed, as next friend of Mabel Vincent, her mother, against the Illinois Department of Human Services (IDHS or Department). The Department determined that Mabel Vincent had "available assets" of $138,119, as defined by the Social Security Act, also popularly known as the Medicaid Act (the Medicaid Act) (42 U.S.C. § 1396 et seq. (2006)). These funds were...

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