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FISH v. COM'R OF MN DEPT. OF HUMAN SERVICES

No. A07-0798.

748 N.W.2d 360 (2008)

Paul FISH, Respondent v. COMMISSIONER OF the MINNESOTA DEPARTMENT OF HUMAN SERVICES, Appellant, Roseau County Social Services, Appellant.

Court of Appeals of Minnesota.

May 6, 2008.

Attorney(s) appearing for the Case

Steven E. Huglen, Law Office of Steven A. Anderson, P.A., Warroad, MN, for respondent.

Lori Swanson, Attorney General, Robin Christopher Vue-Benson, Assistant Attorney General, St. Paul, MN, for appellant Commissioner of the Minnesota Department of Human Services.

Lisa B. Hanson, Roseau County Attorney, Roseau, MN, for appellant Roseau County Social Services.

Considered and decided by SHUMAKER, Presiding Judge; TOUSSAINT, Chief Judge; and, WILLIS, Judge.

OPINION

SHUMAKER, Judge.

This is an appeal from a district court judgment reversing the order of the Commissioner of the Minnesota Department of Human Services (commissioner) and concluding that respondent could properly deduct monthly social security disability insurance from his income when calculating the monthly spend-down for medical assistance and that respondent qualified for the home-maintenance deduction set out in Minn.Stat. § 256B.0575 (2006...

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