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EVANS EX REL. DURBIN v. STATE EX REL. DHS

No. 4-12-1082.

13 N.E.3d 752 (2013)

2013 IL App (4th) 121082

383 Ill. Dec. 1

Peggy J. EVANS, By and Through Joanne DURBIN, Her Agent, Plaintiff-Appellant, v. The STATE of Illinois, Acting Through the DEPARTMENT OF HUMAN SERVICES and Michelle R.B. Saddler, Its Secretary; and the Department of Healthcare and Family Services and Julie Hamos, Its Director, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Rehearing denied January 22, 2014.

Attorney(s) appearing for the Case

Duane D. Young (argued), of LaBarre, Young & Behnke, of Springfield, for appellant.

Lisa Madigan , Attorney General, of Chicago ( Michael A. Scodro , Solicitor General, and Carl J. Elitz (argued), Assistant Attorney General, of counsel), for appellees.

OPINION

Justice POPE delivered the judgment of the court, with opinion.

¶ 1 In December 2008, defendants, the Department of Healthcare and Family Services (HFS) and the Department of Human Services (DHS) (collectively, the Departments) granted plaintiff, Peggy J. Evans', application for Medicaid assistance but imposed penalty periods of noneligibility, citing certain nonallowable asset transfers.

¶ 2 Evans sought administrative review,...

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