Legal Opinion

Smith v. Concannon

Court of Appeals for the Ninth Circuit

Decided July 10, 1991No. 90-35138PublishedCited by 3 opinions

1Opinion of the Court

CANBY, Circuit Judge:

In 1981, Congress enacted the “lump sum” rule that rendered recipients of Aid to Families with Dependent Children (“AFDC”) ineligible for AFDC benefits for a period of time after they receive a lump sum of money from outside sources. 42 U.S.C. § 602(a)(17). This appeal challenges Oregon’s application of that lump-sum rule to its Medicaid program.

Brenda Smith and her children were receiving AFDC benefits in May of 1989. During that month, Smith received a check for her daughter’s retroactive Social Security benefits in the amount of $3,285. Under the AFDC lump-sum rule,…

2Cases cited11 opinions

  1. Batterton v. FrancisSupreme Court of the United States · 1977
  2. Schweiker v. Gray PanthersSupreme Court of the United States · 1981
  3. Gardebring v. JenkinsSupreme Court of the United States · 1988
  4. Herweg v. RaySupreme Court of the United States · 1983
  5. Olson v. NormanCourt of Appeals for the Eighth Circuit · 1987

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3Cited by3 opinions

  1. Oregon Association Of Homes For The Aging, Inc. v. State Of OregonCourt of Appeals for the Ninth Circuit · 1993
  2. Smith v. ConcannonCourt of Appeals for the Ninth Circuit · 1991
  3. Melvin Peura, by and Through His Guardian, Bill Herman and Astrid Peura v. Theodore A. Mala State of Alaska, Defendant-Third-Party-Plaintiffs-Appellees v. Louis W. Sullivan, M.D., Third-Party-Defendant-AppelleeCourt of Appeals for the Third Circuit · 1992

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