Nebraska Department of Health & Human Services Finance & Support v. Wilson
Nebraska Supreme Court
1Opinion of the CourtMcCormack, J.
NATURE OF CASE
Charlene R. Battiato, an incapacitated person, has a monthly income of $814.99, derived entirely from Supplemental Security Income and Railroad Retirement Act benefits. The cost of Charlene’s nursing home care exceeds her entitlement income, so the Nebraska Department of Health and Human Services Finance and Support (the Department) compensates Charlene’s nursing home for the remaining expenses. The primary question presented in this appeal is whether attorney fees incurred on behalf of Charlene may be paid from her federal entitlement income.
FACTUAL AND PROCEDURAL BACKGROUND
Char…
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