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VERMEULEN v. DEPT. OF HUMAN SERVICES

20061677, A135953.

220 P.3d 93 (2009)

231 Or. App. 410

Beverly VERMEULEN, Petitioner, v. DEPARTMENT OF HUMAN SERVICES, Respondent.

Court of Appeals of Oregon.

Decided October 28, 2009.

Attorney(s) appearing for the Case

Emily J. Kaufmann argued the cause for petitioner. With her on the briefs was Legal Aid Services of Oregon.

Carolyn Alexander, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

The issue in this case is whether claimant is eligible for Medicaid benefits. The Department of Human Services (department) determined that she is not eligible because, before applying for benefits, she had transferred her home to her grandson for no consideration. In its final order denying the claim, the department relied on an administrative rule providing that a transfer of assets for less than market value creates a disqualifying presumption that...

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