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NELSON v. S.D. DEPT. OF SOCIAL SERVICES

No. 26350.

827 N.W.2d 575 (2013)

2013 SD 18

Mickey NELSON, Appellant, v. SOUTH DAKOTA DEPARTMENT OF SOCIAL SERVICES, South Dakota Department Of Human Services, Appellees.

Supreme Court of South Dakota.

Decided February 13, 2013.

Attorney(s) appearing for the Case

Elizabeth Overmoe of South Dakota Advocacy Services, Sioux Falls, South Dakota, Attorney for appellant.

Marty Jackley , Attorney General, Chris McClure , Special Assistant Attorney General, Pierre, South Dakota, Attorneys for appellees.

ZINTER, Justice.

[¶ 1.] The South Dakota Department of Human Services (the Department) denied Mickey Nelson's application for Home and Community Based Services (HCBS), a federal-state Medicaid Waiver program that provides assistance to individuals with developmental disabilities.1 After a hearing, an administrative law judge affirmed the Department's denial. Nelson appealed to circuit court, which also affirmed the Department's denial...

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