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E.S. v. DIVISION OF MED. ASS. & HEALTH SERV.

DOCKET NO. A-2564-08T2.

990 A.2d 701 (2010)

412 N.J. Super. 340

E.S., Petitioner-Appellant, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, Respondent-Respondent, and Middlesex County Board of Social Services, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 26, 2010.

Attorney(s) appearing for the Case

Linda S. Ershow-Levenberg, Clark, argued the cause for appellant (Fink Rosner Ershow-Levenberg, attorneys; Ms. Ershow-Levenberg, on the brief).

Lisa Marie Albano, Deputy Attorney General, argued the cause for respondent (Anne Milgram, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General, of counsel; Zoe J. McLaughlin, Deputy Attorney General, on the brief).

Before Judges LISA, BAXTER and ALVAREZ.

The opinion of the court was delivered by ALVAREZ, J.A.D.

Ninety-seven-year-old E.S. (petitioner) appeals the December 4, 2008 final agency decision of the Department of Human Services, Division of Medical Assistance and Health Services (Division), affirming a transfer penalty imposed on her application for Medicaid benefits. Petitioner sought the benefits to pay for the cost of her nursing home care. The transfer penalty was imposed based on a determination that...

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