Legal Opinion
Estate of Kaw v. Commissioner, Maine Department of Human Services
Court of Appeals for the First Circuit
Decided December 20, 1991No. 91-1396PublishedCited by 1 opinion
1Opinion of the Court
BAILEY ALDRICH, Senior Circuit Judge.
The question in this case is when the “income (as determined under [42 U.S.C.] § 1382a)” of a “qualified medicare beneficiary” (QMB) exceeds “the official poverty line (as defined by the Office of Management and Budget ...) applicable to a family of the size involved.” 42 U.S.C. § 1396d(p).1 Defendant Commissioner of *445Maine Department of Human Services (M.D.H.S.) takes the combined income of a married couple and measures it against the federal poverty line for a family of two, which is less than twice the federal poverty line for an individual. CSA…
2Cases cited4 opinions
- Rubin v. United StatesSupreme Court of the United States · 1981
- Schweiker v. Gray PanthersSupreme Court of the United States · 1981
- Ruth Friedman v. Stephen Berger, Individually and as Commissioner of the New York State Department of Social ServicesCourt of Appeals for the Second Circuit · 1976
- Antonia Paris v. Department of Housing and Urban DevelopmentCourt of Appeals for the First Circuit · 1988
3Cited by1 opinion
- 35 soc.sec.rep.ser. 717, Medicare & Medicaid Guide P 39,776 Estate of Robert Kaw v. Commissioner, Maine Department of Human Services, Defendant/third-Party v. Louis W. Sullivan, M.D., Secretary, United States Department of Health & Human Services, Third-PartyCourt of Appeals for the First Circuit · 1991