Gruber v. Ohio Department of Human Services

Reader, Judge.

Appellant, the Ohio Department of Human Services, appeals the judgment of the Delaware County Common Pleas Court reversing appellant’s administrative decision to deny appellee Cecil Gruber’s application for Medicaid benefits.

Appellant presents two assignment of error:

“I. The lower court erred when it determined that resources, instead of income, are to be transferred first by the institutionalized spouse to the community spouse to raise the income of the community spouse to the minimum monthly maintenance needs allowance if the income of the community spouse from all sources,…