Jackson v. Missouri Dept. of Social Services
| Decision Date | 18 March 1986 |
| Docket Number | No. 50826,50826 |
| Citation | 706 S.W.2d 611 |
| Parties | Medicare & Medicaid Guide P 35,372 Joyce K. JACKSON, Appellant, v. MISSOURI DEPARTMENT OF SOCIAL SERVICES, Respondent. |
| Court | Missouri Court of Appeals |
Gail R. Klearman, St. Louis, for appellant.
Ofelia Manalang, Dept. of Social Services, Division of Legal Services, Jefferson City, for respondent.
Joyce K. Jackson (claimant) appeals from a final order of the trial court affirming an order of the Director of the Division of Family Services. After a hearing, the Director found claimant ineligible for medical assistance benefits, based on claimant having resources in excess of $2,000, the statutory maximum. On appeal, claimant asserts there was no substantial evidence her resources exceeded the statutory maximum. We affirm.
Claimant applied for medical assistance benefits from the Division of Family Services (DFS) on February 15, 1985. Claimant's husband informed DFS he owned two acres of land in Wright City, Missouri. Claimant's husband also provided a copy of an exclusive listing contract with a real estate company for the sale of the property. The listing contract stated the real estate agent was to sell the property for $4,000, or for "any other price or terms to which we shall consent." On February 25, 1985, DFS notified claimant she was ineligible for medical assistance benefits, because her resources exceeded $2,000. Claimant subsequently requested a hearing to determine her eligibility for medical assistance benefits.
At the hearing, the listing contract was introduced into evidence. A DFS case worker testified she spoke with the real estate agent named in the listing contract, and he stated the property was worth $4,000. Claimant's husband submitted copies of 1983 and 1984 tax assessments for the property, from which its value was computed at $1,800. He testified he purchased the two acre tract for $500 per acre in 1970. Claimant's husband further testified he did not know what the property was worth, but that it was listed at $4,000 for nine months and no one inquired about it, and he was willing to sell the property for $1,800, because of his wife's deteriorating health. On May 20, 1985, the Director of DFS affirmed the decision to deny claimant's request for medical assistance benefits, because claimant's resources exceeded $2,000.
Claimant asserts there was no competent evidence to support the conclusion her resources exceeded $2,000. Claimant's primary complaint is with the Director's use of the listing contract as evidence of the market value of the property.
Claimant has the...
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Wiser v. Division of Family Services, 54193
...and substantial evidence, viewing the evidence in the light most favorable to the Director's order." Jackson v. Missouri Dept. of Social Services, 706 S.W.2d 611, 612 (Mo.App.1986). A review of the record discloses substantial evidence that the note was worth more than $999.99. See Williams......