Legal Opinion

Braddock v. Missouri Department of Mental Health

Missouri Court of Appeals

Decided June 30, 2006No. WD 65304Published

1Opinion of the Court

LISA WHITE HARDWICK, Judge.

Rebecca and Steve Braddock appeal from the administrative denial of their claim for attorney’s fees after they prevailed on a Medicaid funding request for their son against the Department of Mental Health (DMH). We affirm the denial because Section 536.085(1)1 precludes the Braddocks from recovering fees in an agency proceeding that determines their eligibility for a “monetary benefit or its equivalent.”

Factual and Procedural History

The Braddocks are the parents of a fifteen-year old boy, Joseph, who has been diagnosed with cerebral palsy. Joseph has been determined…

2Cases cited6 opinions

  1. Teague v. Missouri Gaming CommissionMissouri Court of Appeals · 2004
  2. State v. BarnesSupreme Court of Missouri · 1997
  3. Hyde v. Department of Mental HealthMissouri Court of Appeals · 2006
  4. Pulliam v. StateMissouri Court of Appeals · 2003
  5. Joseph v. DishmanMissouri Court of Appeals · 2002

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