Marzec v. DeBuono

OPINION OF THE COURT

Smith, J.

The issue here is whether Medicaid regulations governing eligibility for benefits authorized a reduction in the applicant’s income in an amount necessary to meet the needs of his ineligible spouse. The Appellate Division answered in the affirmative. For reasons stated in this Opinion, we now reverse.

On October 1, 1996, petitioner Raymond Marzec applied for Medicaid benefits to the Erie County Department of Social Services (“DSS”). At that time petitioner’s gross income, derived solely from Social Security, was $717 per month. Thereafter, petitioner was…