Violette v. The Department of Healthcare and Family Services

State: Illinois

Court: 5th District Appellate

Docket No: 5-07-0595 Rel

Case Date: 03/27/2009

Preview:NO. 5-07-0595
NOTICE Decision filed 03/27/09. The text of this decision may be changed or corrected prior to the filing of a Peti tion for Rehearing or th e

IN THE APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT _________________________________________________________________________ DWIGHT VIOLETTE, ) Appeal from the ) Circuit Court of Plaintiff-Appellant, ) Williamson County. ) v. ) No. 07-MR-34 ) THE DEPARTMENT OF HEALTHCARE ) AND FAMILY SERVICES and BARRY S. ) MARAM, Director of Healthcare and Family ) Services, in His Official Capacity, ) Honorable ) Brad K. Bleyer, Defendants-Appellees. ) Judge, presiding. _________________________________________________________________________ JUSTICE W ELCH delivered the opinion of the court: Dwight Violette (the appellant) brought an action in the circuit court of Williamson County pursuant to the Administrative Review Law (735 ILCS 5/3-101 et seq. (West 2006)), to obtain the review of a decision of the Department of Healthcare and Family Services (the Department), which had denied him benefits under the Health Benefits for Workers with Disabilities program. The circuit court affirmed the decision of the Department in an order entered September 28, 2007, and the appellant brings this appeal. For reasons that follow, we reverse the order of the circuit court, vacate the decision of the Department, and remand this cause to that agency for further proceedings. The Health Benefits for Workers with Disabilities program (the Program) was implemented by the Department in January 2002 to help persons with disabilities who wish to go to work, or to increase their earnings, to do so without fear of losing their medical assistance benefits. The Department administers the Program pursuant to article V of the Illinois Public Aid Code (305 ILCS 5/5-1 et seq. (West 2006)), and the Program was 1

disposition of the same.

established in section 120.510 of Title 89 of the Illinois Administrative Code (89 Ill. Adm. Code

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