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[Download] "Mattie Graves v. Dar Cogswell" by Supreme Court of Idaho No. 12161 " eBook PDF Kindle ePub Free

Mattie Graves v. Dar Cogswell

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eBook details

  • Title: Mattie Graves v. Dar Cogswell
  • Author : Supreme Court of Idaho No. 12161
  • Release Date : January 13, 1976
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

This is an original action wherein plaintiff seeks issuance of a writ of mandate directed to the defendant district Judge to require him to waive the payment of the otherwise statutorily required filing fee in pursuit of an action to be filed in the district court for the purpose of reviewing the decision of an administrative agency. This Court heretofore issued its alternative writ and we make it permanent. The facts herein are not in dispute and are largely stipulated. Plaintiff is an 84-year-old widow who because of age and physical condition lives in a nursing home in Kellogg, Idaho. It is stipulated that Mrs. Graves is indigent and her sole source of income is a Social Security check in the amount of $157.50 per month. In June 1972, plaintiff Graves deeded what had been her family home to her son, Richard, who is totally disabled and unable to work. In January 1973, plaintiff entered the nursing home. The $157.50 Social Security check was thereafter entirely used by plaintiff to pay a part of her nursing home expenses. The Department of Public Assistance, now Department of Health and Welfare, paid the remainder of plaintiff's nursing home expense under their Old Age Assistance program. In May 1975, the Department of Health and Welfare determined that the June 1972 real property transfer was made with the intent to defraud the Department of Health and Welfare and thereupon they terminated the Old Age Assistance payments to plaintiff and the nursing home. On October 29, 1975, a hearing was held before the Department of Health and Welfare hearing officer and the earlier determination was upheld.


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