Legal Opinion

Hamer v. Department of Human Services

District of Columbia Court of Appeals

Decided May 16, 1985No. 84-16PublishedCited by 4 opinions

1Opinion of the Court

BELSON, Associate Judge:

Petitioner, the personal representative of decedent Cora Duvall, appeals the District of Columbia Department of Human Services’ (DHS) determination that decedent was ineligible for Medical Assistance (Medicaid) benefits. Petitioner does not dispute the fact of decedent’s ownership of resources in excess of Medicaid guidelines. Petitioner contends, however, that these guidelines are invalid because DHS omitted, on federal command, the provision allowing “spend-down” of resources, without complying with the rulemaking procedures of the District of Columbia Administrative…

2Cases cited9 opinions

  1. Harris v. McRaeSupreme Court of the United States · 1980
  2. Schweiker v. Gray PanthersSupreme Court of the United States · 1981
  3. Herweg v. RaySupreme Court of the United States · 1983
  4. District of Columbia v. GreenDistrict of Columbia Court of Appeals · 1973
  5. District of Columbia v. North Washington Neighbors, Inc.District of Columbia Court of Appeals · 1976

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3Cited by4 opinions

  1. Webb v. District of Columbia Department of Human ServicesDistrict of Columbia Court of Appeals · 1992
  2. Boyd v. District of Columbia Department of Human ServicesDistrict of Columbia Court of Appeals · 1987
  3. McKenzie v. District of Columbia Department of Human ServicesDistrict of Columbia Court of Appeals · 2002
  4. Eldridge v. D.C. DHSDistrict of Columbia Court of Appeals · 2021

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