Emerson v. Brown

This is an appeal pursuant to G.L.c. 30A, §14, from a decision of the Board of Hearings of the Division of Medical Assistance to deny the plaintiff, Phyllis Emerson’s, request for MassHealth benefits effective retroactive from June 22, 2002. Presently before the court are cross motions for judgment on the pleadings. For the reasons set forth below, it is ORDERED that the plaintiffs Motion for Judgment on the Pleadings is ALLOWED, and the defendant’s Cross Motion for Judgment on the Pleadings is DENIED.

BACKGROUND

The facts are taken from the certified Administrative Record. On June 22, 2002,…