Legal Opinion

Correll v. Division of Social Services

Supreme Court of North Carolina

Decided July 17, 1992No. 406PA91PublishedCited by 91 opinions

1Opinion of the Court

MITCHELL, Justice.

This is an action involving interpretation of the North Carolina statutory scheme governing eligibility for benefits from the Medicaid program. The primary issue before this Court is whether N.C.G.S. § 108A-55 requires that Medicaid applicants own their primary place of residence in order to exclude property they own contiguous to their residence from their assets for purposes of determining their eligibility for Medicaid benefits. We conclude that no such ownership requirement exists. Accordingly, we reverse the decision of the Court of Appeals.

The facts of this case are…

2Cases cited8 opinions

  1. Schweiker v. Gray PanthersSupreme Court of the United States · 1981
  2. Electric Supply Co. of Durham, Inc. v. Swain Electrical Co.Supreme Court of North Carolina · 1991
  3. Sutton v. Aetna Casualty & Surety Co.Supreme Court of North Carolina · 1989
  4. Lemons v. Old Hickory Council, Boy Scouts of America, Inc.Supreme Court of North Carolina · 1988
  5. Lackey v. North Carolina Department of Human ResourcesSupreme Court of North Carolina · 1982

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3Cited by91 opinions

  1. Liberty Mutual Insurance v. PenningtonSupreme Court of North Carolina · 2002
  2. Hyler v. GTE Products Co.Supreme Court of North Carolina · 1993
  3. Brown v. FloweSupreme Court of North Carolina · 1998
  4. Lanvale Properties, LLC v. County of CabarrusSupreme Court of North Carolina · 2012
  5. Whiteside Estates, Inc. v. Highlands Cove, L.L.C.Court of Appeals of North Carolina · 2001

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