Thomas v. Missouri Department of Social Services, Division of Family Services

805 S.W.2d 286, 1991 Mo. App. LEXIS 152, 1991 WL 7330
CourtMissouri Court of Appeals
DecidedJanuary 29, 1991
DocketNo. WD 43295
StatusPublished
Cited by5 cases

This text of 805 S.W.2d 286 (Thomas v. Missouri Department of Social Services, Division of Family Services) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thomas v. Missouri Department of Social Services, Division of Family Services, 805 S.W.2d 286, 1991 Mo. App. LEXIS 152, 1991 WL 7330 (Mo. Ct. App. 1991).

Opinion

GAITAN, Judge.

The Missouri Department of Social Services, Division of Family Services (hereafter DFS) appeals the decision of the circuit court of Benton County reversing a DFS agency determination denying respondent, Beverly J. Thomas, General Relief benefits available under Chapter 208 of the Missouri Revised Statutes. The decision of the circuit court to reverse DFS is affirmed.

The facts are undisputed by the parties. In December of 1987, Beverly J. Thomas began to receive government medical assistance in the form of Medicaid, a federally funded program arising under Title XIX of the Social Security Act, 42 U.S.C. §§ 1396-1396p (1982). Ms. Thomas, who qualified for assistance based on permanent and total disability, continuously received Medicaid benefits throughout the time period in question. Medicaid funds are dispersed pursuant to a state plan embodied in Mo.Rev.Stat. § 208.151 (1986).

Ms. Thomas first applied for General Relief, a public assistance program wholly financed by state funds, on March 21, 1988. Under the General Relief program, qualified persons receive monthly cash grants, Mo.Rev.Stat. § 208.010 (1986), and are automatically entitled to medical assistance via Mo.Rev.Stat. § 208.162 (1986). On June 3, 1988, DFS rejected Ms. Thomas’s application for General Relief stating that as a Medicaid recipient, she would have to choose between the programs and could not receive benefits from both. Ms. Thomas chose to continue receiving Medicaid.

On December 13, 1988, Ms. Thomas submitted another application to DFS for General Relief benefits. DFS rejected this second application stating “[y]ou chose to receive Medical Assistance benefits (the agency’s term for Medicaid). You cannot [288]*288receive General Relief benefits in addition to Medical Assistance” (parenthetical added). At Ms. Thomas’s request, an administrative hearing was held on March 17,1989, to review the denial of her application for General Relief. The agency rendered its Decision and Order on April 6, 1989 denying Ms. Thomas’s request for relief. The decision stated “an individual determined to be medically eligible for both General Relief benefits and Medical Assistance benefits is forestalled from drawing a General Relief cash grant and Medical Assistance Title XIX concurrently.”

Ms. Thomas appealed the decision of DFS to the circuit court of Benton County. In reversing the DFS’s decision, the court held there is no legal authority for denying Thomas General Relief and “that under Missouri statutory law, Petitioner should not have been denied General Relief benefits, and that the denial therefore was in excess of the statutory authority of the agency.” DFS assigns error to this holding and appeals.

Ostensibly this court is called upon to review the circuit court’s determination. The Court of Appeals, however, in reviewing a contested administrative case, “reviews the decision of the agency, not the judgment of the trial court.” Pummill v. Missouri Div. of Family Servs., 674 S.W.2d 647, 648 (Mo.App.1984) (citing Fleming Foods of Missouri, Inc. v. Runyan, 634 S.W.2d 183, 184 (Mo. banc 1982)).

The decision of DFS was inextricably founded upon an interpretation, by the Director of DFS, of the statutes controlling qualification for Medicaid and General Relief. Clearly then, the issue in this appeal is strictly legal in nature: Whether a person receiving Medicaid benefits can concurrently receive the benefits provided by the state under General Relief, or whether, as advocated by the appellant, “GR (General Relief) with medical assistance and Medicaid are mutually exclusive programs.” Ordinarily, in judicial review of an agency determination significant deference is given to the findings of the agency. Missouri State Div. of Family Servs. v. Barclay, 705 S.W.2d 518, 520 (Mo.App.1985). In cases such as the present, however, where the issue to be resolved is exclusively legal this deference is diminished. “If an administrative agency’s decision is based upon its interpretation or application of the law, then the matter is for the independent judgment of the reviewing court.” Id. (citing King v. Laclede Gas Co., 648 S.W.2d 113, 114 (Mo. banc 1983)). In the independent judgment of this court, DFS’s interpretation of the controlling statutes is without authority or justification.

A fundamental canon of statutory interpretation is “to ascertain the intent of the legislature from the language used, to give effect to that intent if possible, and to consider the words used in their plain and ordinary meaning.” Wolff Shoe Co. v. Director of Revenue, 762 S.W.2d 29, 31 (Mo. banc 1988); see also Donahue v. St. Louis, 758 S.W.2d 50, 52 (Mo. banc 1988). Indeed, “[wjhere language of a statute is clear and unambiguous there is no room for construction.” Community Fed. Savs. & Loan Ass’n v. Director of Revenue, 752 S.W.2d 794, 798 (Mo. banc), cert. denied, 488 U.S. 893, 109 S.Ct. 231, 102 L.Ed.2d 221 (1988); see also State ex rel. Degeere v. Appelquist, 748 S.W.2d 855, 857 (Mo.App.1988). Eligibility for General Relief is a function of two statutes: Mo.Rev.Stat. § 208.010 (1986), states in affirmative terms those persons eligible for General Relief; and Mo.Rev.Stat. § 208.015 (1986), states negatively those persons not eligible. Neither party questions that Ms. Thompson meets the qualifications contained in § 208.010. Indeed, DFS admits repeatedly that Ms. Thompson is qualified to receive General Relief as well as Medicaid benefits. The question is, however, whether she can receive both concurrently. Section 208.015 provides the only express exclusions for persons otherwise eligible to receive benefits under § 208.010.1 The plain and ordi[289]*289nary language of § 208.015 clearly expresses a legislative mandate that DFS “shall grant general relief benefits to those persons determined to be eligible under this chapter and the applicable rules of the division” unless expressly excluded by paragraph two. None of the offered exclusions apply to recipients of Medicaid. Therefore, a literal reading of Mo.Rev.Stat. §§ 208.-010-.015 (1986), yields the conclusion that Ms. Thomas was entitled to receive General Relief benefits concurrently with Medicaid. This court is compelled to apply the literal language of these statutes.

The arguments offered by DFS in an effort to escape a literal application of the statutes are without merit. DFS argues that legislative intent to make General Relief and Medicaid benefits mutually exclusive was shown by 1981 amendments to Mo.Rev.Stat. § 208.151 (1986), entitled “Persons eligible to receive medical assistance,” which governs eligibility for Medicaid.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Appleby v. Director of Revenue
851 S.W.2d 540 (Missouri Court of Appeals, 1993)
Smarr v. Sports Enterprises, Inc.
849 S.W.2d 46 (Missouri Court of Appeals, 1993)
Racherbaumer v. Racherbaumer
844 S.W.2d 502 (Missouri Court of Appeals, 1992)
Chrismer v. Missouri State Division of Family Services
816 S.W.2d 696 (Missouri Court of Appeals, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
805 S.W.2d 286, 1991 Mo. App. LEXIS 152, 1991 WL 7330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-missouri-department-of-social-services-division-of-family-moctapp-1991.