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Robert B. Atherton v. State of Illinois

35 Ill. Ct. Cl. 387 Illinois Court of Claims Filed 1982-02-19 No. 82-CC-0626
Disposition: (No. 82-CC-0626-Claim dismissed.) Agency: Illinois Department of Public Aid
Cite as: Robert B. Atherton v. State of Illinois, 35 Ill. Ct. Cl. 387 (1982)
General Court of Claims 35 dismissed 1980s Robert B. Atherton v. State of Illinois 35 Ill. Ct. Cl. 387 1982-02-19 (No. 82-CC-0626-Claim dismissed.) /opinions/v35-p0544-1/

ROBERT B. ATHERTON, Claimant, v. THE STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought payment for vendor services, but the court dismissed the claim because the Illinois Public Aid Code and Department rules make such payments inalienable by assignment, and claimant was not the provider of the services.

Claim type: Other

Statutes cited: Ill. Rev. Stat. 1979, ch. 23, par. 11-3

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. TYRONE C. FAHNER, Attorney General (KATHLEEN O'BRIEN,Assistant Attorney General, of counsel), for Respondent.
  2. PUBLIC AID CODE-vendor may not assign right to payment. Claim denied as Claimant was ineligible for payment since he was not provider of services and Public Aid Code provides that payment for vendor services is absolutely indienable by assignment.

This matter coming to be heard upon the motion of Respondent to dismiss the claim herein, due notice having been given and the Court being fully advised in the premises;

Finds that because section 11-3 of the Illinois Public Aid Code (Ill. Rev. Stat. 1979, ch. 23, par. 11-3) and Department of Public Aid Rules 4.015 and 4.016 provide that payment for vendor services is absolutely inalienable by assignment, Claimant is ineligible for payment on this claim since he is not the provider of the services.

It is hereby ordered that the motion of Respondent [*388] be, and the same is, hereby granted, and the claim herein is hereby dismissed.

Official volume 35 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1982 – July 1, 1981–June 30, 1982; Fiscal Year 1983 – July 1, 1982 – June 30, 1983)  ·  All opinions in this volume  ·  Also on CourtListener

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