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Schiavi v. Department of Children

District Court of Appeal of Florida, Fourth District
Mar 30, 2005
896 So. 2d 965 (Fla. Dist. Ct. App. 2005)

Opinion

No. 4D04-1024.

March 30, 2005.

Appeal from the State of Florida, Department of Children and Families; L.T. Case No. 03-6299 F.

Mike Schiavi, Vero Beach, pro se.

No brief filed on behalf of appellee.


Appellant appeals the final order affirming the denial of his application for Medicaid benefits by the Department of Children and Family Services. The Department denied benefits because the Social Security Administration had denied his application for benefits, finding that appellant was not disabled because of a medical condition. Unfortunately for appellant, in determining eligibility for Medicaid, the Department is bound by the disability determination of the Social Security Administration. See 42 C.F.R § 435.541 (2003). Thus, it was not error for the administrative hearing officer to affirm the Department's denial of appellant's application for Medicaid benefits. See McMillan v. Dep't of Children Families, 868 So.2d 1286, 1286 (Fla. 1st DCA 2004) (affirming final order upholding "Department's denial of Medicaid benefits based upon the determination of the Social Security Administration (SSA) that [appellant] did not meet SSA eligibility requirements").

Affirmed.

POLEN and HAZOURI, JJ., concur.


Summaries of

Schiavi v. Department of Children

District Court of Appeal of Florida, Fourth District
Mar 30, 2005
896 So. 2d 965 (Fla. Dist. Ct. App. 2005)
Case details for

Schiavi v. Department of Children

Case Details

Full title:Mike SCHIAVI, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 30, 2005

Citations

896 So. 2d 965 (Fla. Dist. Ct. App. 2005)