Baca v. New Mexico Health & Social Services Department

OPINION

HENDLEY, Judge.

Baca appeals the denial of Old Age Assistance. He is seventy years of age and has “ * * * excessive medical needs due to a heart block which requires that Mr. Baca use a pacemaker.” It is undisputed that without medical care Baca will die.

Prior to June 1, 1971, Baca received monthly Social Security benefits in the amount of $105.80. The Department had determined his monthly needs to be $116.00 and accordingly, paid Baca $10.20. In addition, Baca was eligible for the State’s Medicaid program which paid his Medicare premiums and the 20% of his medical expenses not covered…