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Estate of Palmer v. Department of Public Aid

Case Date: 10/19/2001
Court: 1st District Appellate
Docket No: 1-00-3724 Rel

1-00-3724

SIXTH DIVISION
October 19, 2001





No. 1-00-3724


ESTATE OF BRUCE C. PALMER, a Disabled Person, by 
Romie J. Palmer, Plenary Guardian of the Estate, and 
ROMIE J. PALMER, Indiv.,

                       Plaintiffs-Appellants,

         v.

THE DEPARTMENT OF PUBLIC AID, COUNTY OF 
COOK, and OAK FOREST HOSPITAL,

                      Defendants-Appellees.

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)		 Appeal from the
Circuit Court of
Cook County



No. 97 CH 452



Hon. Sidney A. Jones III,
Judge Presiding.



JUSTICE GALLAGHER delivered the opinion of the court:

Plaintiffs Bruce C. Palmer (Palmer), a disabled adult living at Oak Forest Hospital, andhis guardian, Romie J. Palmer, appeal from the trial court's order that the Illinois Department ofPublic Aid (the Department) properly considered Old Age Survivor and Disability Insurance(OASDI) and veterans' benefits received by Palmer as available income for the purpose ofcalculating the amount of Palmer's Medicaid benefits. However, the trial court also held that theDepartment could not attach money in Palmer's estate as reimbursement for past-due amountsowed to Oak Forest Hospital or consider the sum of that estate in calculating Palmer's futureMedicaid benefits. Plaintiffs appeal the trial court's rulings, and we affirm.

The record on appeal establishes the following facts. Palmer is a severely mentally andphysically disabled adult who is 52 years old and is unable to communicate or care for himself. Since 1978, Palmer has received public assistance from the Department under its Aid to Aged,Blind, or Disabled program, which is part of the Public Aid Code (305 ILCS 5/3-1 et seq. (West1998)). Palmer receives OASDI benefits pursuant to the Social Security Act (the Act) (42 U.S.C.