Demurjian v. Division of Medical Assistance

Pursuant to G.L.c. 30A, §14, plaintiff Victoria Demurjian (“Demurjian”) filed this appeal of the Division of Medical Assistance’s (“DMA”) denial of her application for MassHealth benefits. Mrs. Demurj-ian has filed a motion for judgment on the pleadings pursuant to Mass.R.Civ.P. 12(c) and Superior Court Standing Order 1-96. The DMA has opposed the motion and requests judgment instead be entered in its favor.

For the reasons set forth below, the DMA’s denial of benefits is reversed and remanded for rehearing.

BACKGROUND

The record of the proceedings before the DMA’s Fair Hearing Unit reveals the…