Gillmore v. Illinois Department of Human Services Modified Upon Denial of Rehearing

Plaintiff, Martha Gillmore, as the executrix of Mary A. Fillbright’s estate, appeals from the circuit court’s order affirming the administrative decision of the Illinois Department of Human Services (Department). The Department awarded Fillbright medical assistance beginning January 1, 2002. However, the award was subject to a penalty period from April 2002 through January 2004 because Fillbright’s purchase of an annuity on January 31, 2002, was considered a nonallowable transfer of assets. Plaintiff appealed to the circuit court, arguing the Department erred in implementing the penalty…