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STATE OF MINNESOTA IN COURT OF APPEALS A07-0798 Paul Fish, Respondent, vs. Commissioner of the Minnesota Department of Human Services, Appellant, Roseau County Social Services, Appellant. Filed May 6, 2008 Affirmed in part and reversed in part Shumaker, Judge Roseau County District Court File No. 68-C4-04-000631

Steven E. Huglen, Law Office of Steven A. Anderson, P.A., P.O. Box 430, Warroad, MN 56763 (for respondent) Lori Swanson, Attorney General, Robin Christopher Vue-Benson, Assistant Attorney General, 445 Minnesota Street, Suite 900, St. Paul, MN 55101-2127 (for appellant Commissioner of the Minnesota Department of Human Services) Lisa B. Hanson, Roseau County Attorney, Roseau County Courthouse, 606 Fifth Avenue S.W., #10, Roseau, MN 56751 (for appellant Roseau County Social Services)

Considered and decided by Shumaker, Presiding Judge; Toussaint, Chief Judge; and, Willis, Judge.

SYLLABUS 1. A recipient of Retired, Survivors, and Disability Insurance (RSDI), of

which Social Security Disability Insurance (SSDI) is a subset, as a result of a catastrophic injury occurring in a federal disaster area, is not entitled to an exemption of those benefits from income for purposes of income calculation to determine eligibility for county medical assistance. 2. The proper reading of the term "when" in Minn. Stat.

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