00-3330 Keip v. Wisconsin Department of Health and Family Services

By: dmc-admin//December 3, 2001//

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Caryl Keip, individually and as the special administrator of her deceased husband’s estate, appeals an order of the circuit court denying Keip’s motion for costs and fees incurred during certain litigation culminating in a decision by this court, finding that her individual retirement account (IRA) should not have been included by the Wisconsin Department of Health and Family Services as an asset in determining her husband’s eligibility for medical assistance. The circuit court denied the request for costs and fees because it concluded that the Department’s position in the litigation met the “substantially justified” standard in the Wisconsin Equal Access to Justice Act.

For the reasons that follow, we affirm.

Not recommended for publication in the official reports.

Dist IV, Dane County, Foust, J., Lundsten, J.

Attorneys:

For Appellant: Sara Buscher, Verona

For Respondent: Bruce A. Olsen, Madison

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