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WEISENBORN EX REL. SHOEMAKER v. MISSOURI DEPT. OF MENTAL HEA.

No. WD 72126.

332 S.W.3d 288 (2011)

Andrea WEISENBORN, a Partially Incapacitated and Totally Disabled Individual, by and through Debbie SHOEMAKER and Jim Shoemaker, her Parents and Next Friends, Respondent, v. MISSOURI DEPARTMENT OF MENTAL HEALTH, Dr. Keith Schafer, Director, Missouri Department of Mental Health, sued in his official capacity, Linda Bowers, Director, for Kirksville Regional Office, sued in her official capacity, Mr. Thad Taylor, Hearings Referee, sued in his official capacity, Ms. Debra Wohlers, Asst. Director of Habilitation, Kirksville Regional Office, sued in her official capacity, Appellants.

Missouri Court of Appeals, Western District.

As Modified March 1, 2011.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 1, 2011.

Attorney(s) appearing for the Case

Kathleen R. Robertson , Jefferson City, MO, for appellants.

Susan K. Eckles , St. Louis, MO and Erica L. Stephens , Jefferson City, MO, for respondent.

Before Division Three: CYNTHIA L. MARTIN, Presiding Judge, JAMES E. WELSH, Judge and GARY D. WITT, Judge.

GARY D. WITT, Judge.

Andrea Weisenborn appeals1 the Missouri Department of Mental Health's decision denying her services under the Comprehensive Medicaid Waiver Program. We affirm the judgment of the trial court, which reinstated Weisenborn's Medicaid Waiver benefits, and remand to the trial court for a determination of reasonable reimbursement for attorney's fees and costs expended by Weisenborn at the proceedings below and on appeal...

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