Widow alleges state agency owes money

By Philip Gonzales | Oct 28, 2016

NEW CUMBERLAND — A Pennsylvania widow is suing a West Virginia state agency, alleging failure to pay her late husband's Medicaid benefits. 

Linda J. Ross filed a lawsuit Oct. 4 in Hancock Circuit Court against the West Virginia Department of Health and Human Resources alleging failure to recognize her as the primary beneficiary of her deceased husband's benefits.

According to the complaint, Ross suffered monetary damages for not being recognized as the primary beneficiary. The plaintiff alleges the defendant wrongly paid $117,253.97 to Fox Nursing Rehabilitation Center for her husband's Medicaid benefits.

Ross seeks trial by jury, an order reforming the Medicaid contract, recognizing her as the primary beneficiary, an order requiring the defendant to pay her the commuted value of her husband's IRA annuity and all other relief deemed fair. She is represented by attorney Jeffrey J. Rokisky of Rokisky, Wilharm, Blair & Rokisky PLLC in Weirton.

Hancock Circuit Court Case number 16-c-131

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