Legal Opinion
James Ex Rel. Estate of James v. Richman
Court of Appeals for the Third Circuit
Decided November 12, 2008No. 06-5092PublishedCited by 28 opinions
1Opinion of the Court
OPINION
ROTH, Circuit Judge:
Estelle B. Richman, Secretary of the Commonwealth of Pennsylvania, Department of Public Welfare (the Department), appeals the order of the District Court for the Middle District of Pennsylvania, enjoining the Department from denying Medicaid benefits to Robert A. James. The central issue to the appeal is whether an annuity, purchased by James’s wife Josephine, may be treated by the Department as an available resource in calculating James’s eligibility for Medicaid benefits. We agree with the District Court that the Department may not so treat it. We will therefore…
2Cases cited11 opinions
- Monroe v. PapeSupreme Court of the United States · 1961
- Patsy v. Board of Regents of Fla.Supreme Court of the United States · 1982
- Washington State Department of Social & Health Services v. Guardianship Estate of KeffelerSupreme Court of the United States · 2003
- The American Civil Liberties Union Of New Jersey v. Black Horse Pike Regional Board Of EducationCourt of Appeals for the Third Circuit · 1996
- Richard H. Heasley, Sr. And Doris G. Heasley v. Belden & Blake CorporationCourt of Appeals for the Third Circuit · 1993
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Meyer v. Cuna Mutual Insurance SocietyCourt of Appeals for the Third Circuit · 2011
- Mackey v. Department of Human ServicesMichigan Court of Appeals · 2010
- Lopes v. Department of Social ServicesCourt of Appeals for the Second Circuit · 2012
- Sarauw v. FawkesSupreme Court of The Virgin Islands · 2017
- NM v. Division of Medical Assistance and Health ServicesNew Jersey Superior Court Appellate Division · 2009
23 more not listed; retrieve them via the Exa API.