Legal Opinion

Zahner Ex Rel. Zahner v. Secretary Pennsylvania Department of Human Services

Court of Appeals for the Third Circuit

Decided September 2, 2015No. 14-1406, 14-1328PublishedCited by 8 opinions

1Opinion of the Court

OPINION

McKEE, Chief Judge.

Anabel Zahner, Donna Claypoole, and Connie Sanner each applied for Medicaid institutional care coverage shortly after purchasing a short-term annuity. The Pennsylvania Department of Human Services (“DHS”), formerly the Department of Welfare, classified each of their annuities as a resource when determining Medicaid eligibility.1 This classification meant that the value of each annuity precluded them from receiving Medicaid assistance and resulted in a penalty period of ineligibility. Each plaintiff responded by bringing an action against DHS. The District Court held…

2Cases cited31 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Garcia v. United StatesSupreme Court of the United States · 1985
  3. City of Los Angeles Department of Water v. ManhartSupreme Court of the United States · 1978
  4. Bates v. Dow Agrosciences LLCSupreme Court of the United States · 2005
  5. Free v. BlandSupreme Court of the United States · 1962

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3Cited by8 opinions

  1. Walkup v. Santander Bank, N.A.District Court, E.D. Pennsylvania · 2015
  2. Theodore Hayes v. Philip HarveyCourt of Appeals for the Third Circuit · 2018
  3. Petition of Estate of Thea BraitermanSupreme Court of New Hampshire · 2016
  4. CUSHING v. JACOBSDistrict Court, D. New Jersey · 2020
  5. D.C. AND M.L. VS. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES (DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES)New Jersey Superior Court Appellate Division · 2020

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