Legal Opinion
Winick v. Department of Children & Family Services
District Court of Appeal of Florida
Decided June 18, 2014No. 2D13-2957PublishedCited by 2 opinions
1Opinion of the Court
LaROSE, Judge.
Robert M. Winick appeals a hearing officer’s final order affirming the Department of Children and Family Services’ (DCF) decision not to pay Mr. Winick’s Medicare Part B premium under the “Qualified Individuals 1” (QI-1) Medicaid Program. We have jurisdiction. § 120.68, Fla. Stat. (2012); Fla. R. App. P. 9.030(b)(1)(C). DCF’s methodology to determine Mr. Win-ick’s eligibility violated federal guidelines. More specifically, DCF improperly assessed his application based on the income limit for a one-person household when he lives with his wife in a two-person household.…
2Cases cited23 opinions
- Bell v. New JerseySupreme Court of the United States · 1983
- Syncor Intl Corp v. Shalala, Donna E.Court of Appeals for the D.C. Circuit · 1997
- STATE OF SOUTH DAKOTA, AND WILLIAM J. JANKLOW, GOVERNOR v. LT. COLONEL KURT F. UBBELOHDE, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, MO-ARK ASSOCIATION, FORMERLY KNOWN AS MISSOURI-ARKANSAS RIVER BASINS ASSOCIATION, MOVANT — STATE OF SOUTH DAKOTA, AND WILLIAM J. JANKLOW, GOVERNOR, — v. LT. COLONEL KURT F. UBBELOHDE, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, ERGON ASPHALT AND EMULSIONS, INC. MAGNOLIA MARINE TRANSPORT COMPANY BLASKE MARINE, INC. KOCH MATERIALS COMPANY MID-WEST TERMINAL WAREHOUSE COMPANY, INC. TOSCO, a SUBSIDIARY OF PHILLIPS 66 COMPANY JEBRO, INCORPORATED, AND MEMCO BARGE LINE, INC., MOVANTS — STATE OF SOUTH DAKOTA, AND WILLIAM J. JANKLOW, GOVERNOR, — v. LT. COLONEL KURT F. UBBELOHDE, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, STATE OF NEBRASKA, MOVANT — STATE OF SOUTH DAKOTA, AND WILLIAM J. JANKLOW, GOVERNOR, — v. LT. COLONEL KURT F. UBBELOHDE, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, — STATE OF NEBRASKA, ALSO KNOWN AS DON STENBERG, ATTORNEY GENERAL OF THE STATE OF NEBRASKA, EX REL., — v. STATE OF MISSOURI, INTERVENER BELOW — INTERVENER ON APPEAL, KURT F. UBBELOHDE, LT. COLONEL, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, — STATE OF IOWA, AMICUS ON BEHALF OF STATE OF NORTH DAKOTA, AND JOHN HOEVEN, GOVERNOR, — v. LT. COLONEL KURT F. UBBELOHDE, DISTRICT ENGINEER, OMAHA DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, AND GENERAL DAVID A. FASTABEND, COMMANDER, NW DIVISION, PORTLAND, OREGON, — STATE OF MISSOURI, INTERVENER ON APPEALCourt of Appeals for the Eighth Circuit · 2003
- The Coca-Cola Company v. Federal Trade CommissionCourt of Appeals for the Fifth Circuit · 1973
- HOBBS EX. REL. HOBBS v. ZendermanCourt of Appeals for the Tenth Circuit · 2009
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3Cited by2 opinions
- Thomas Saunders v. Florida Dept. of Children and FamiliesDistrict Court of Appeal of Florida · 2016
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