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DAHLY v. ANDERSON

No. 20120013.

820 N.W.2d 719 (2012)

2012 ND 183

Wilfred DAHLY, Appellant v. Maggie ANDERSON, Interim Executive Director, North Dakota Department of Human Services, Appellee.

Supreme Court of North Dakota.

August 30, 2012.

Attorney(s) appearing for the Case

Richard R. LeMay (argued), Minot, N.D., and Meredith L. Vukelic (appeared), Bismarck, N.D., for appellant.

Jeanne M. Steiner , Assistant Attorney General, Bismarck, N.D., for appellee.

KAPSNER, Justice.

[¶ 1] Wilfred Dahly appeals from a district court judgment affirming a final order of the North Dakota Department of Human Services ("Department") which determined he was ineligible for Medicaid benefits. We reverse and remand, concluding the Department erred when it concluded the proceeds of the sale of Wilfred Dahly's home were an available asset which exceeded the asset limit for Medicaid eligibility.

I

[¶ 2] In 2004...

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