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ROBINSON EX REL. ROBINSON v. DHHS

No. COA11-4.

715 S.E.2d 569 (2011)

David ROBINSON, by his Guardian Cassandra ROBINSON, Petitioner, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

Court of Appeals of North Carolina.

September 6, 2011.

Attorney(s) appearing for the Case

Legal Services of Southern Piedmont, by Douglas Stuart Sea and Robert Davis , Charlotte, for petitioner-appellant.

Attorney General Roy Cooper , by Assistant Attorney General Brenda Eaddy , for respondent-appellee.

STEELMAN, Judge.

It was error to hold that an Administrative Law Judge was precluded from considering testimony not available to the agency at the time of its initial decision in a Continued Need Medicaid Review Hearing.

I. Factual and Procedural Background

David Robinson (Robinson) is a mentally and physically disabled man. Robinson began receiving medical assistance in 1995 through the North Carolina...

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