Plaintiff, administrator of an estate of a deceased person who was a resident of a nursing home prior to her death, challenged the Department of Human Services denial of the decedent’s request for benefits and a subsequent request to reopen the case. The sole issue on appeal was whether the department properly denied plaintiff’s request to reopen the case after the denial. The administrative law judge dismissed the case for lack of jurisdiction and the circuit court affirmed on the same grounds. The appellate court also affirmed, explaining that there was no deprivation of constitutional due process where plaintiff received written notice of the denial and failed to exercise her appellate rights and where she received prompt notification of the denial of her request to reopen as well as a full evidentiary hearing on the notification issue. (MIKVA and NAVARRO, concurring)
Illinois Appellate Court
Civil Court
Due Process