C.L. v. DIV. OF MED. ASSISTANCE

DOCKET No. A-4284-19.

284 A.3d 860 (2022)

473 N.J. Super. 591

C.L., Petitioner-Appellant, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, Respondents-Respondents, and Bergen County Board of Social Services, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided October 17, 2022.


Attorney(s) appearing for the Case

Fink Rosner Ershow-Levenberg Marinaro, LLC, attorneys for appellant ( Linda S. Ershow-Levenberg , Clark, on the briefs).

Matthew J. Platkin , Acting Attorney General, attorney for respondent ( Melissa H. Raksa , Assistant Attorney General, of counsel; Jacqueline R. D'Alessandro , Deputy Attorney General, on the brief).

Before Judges Whipple, Mawla, and Marczyk.


The opinion of the court was delivered by

C.L. appeals from a Final Agency Decision (FAD) from the Division of Medical Assistance and Health Services (DMAHS) denying her request for Medicaid benefits due to excess resources. Specifically, DMAHS determined an annuity C.L. purchased, which she understood to be irrevocable...

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