18 soc.sec.rep.ser. 65, Medicare&medicaid Gu 36,369 Raymon and Joann Lynch v. William Dawson, Defendants-Third Party and Otis Bowen, M.D., Third Party

CANBY, Circuit Judge.

In this second appeal,1 the Secretary of the United States Department of Health and Human Services (Secretary) seeks to overturn another of the district court’s interpretations of the Pickle amendment to Title XIX of the Social Security Act,2 Pub.L. 94-566, § 503 (codified at 42 U.S.C. § 1396a (note) (1982)). The district court granted plaintiffs’ motion for summary judgment and enjoined the Secretary from denying categorical medicaid benefits to Pickle-eligible individuals3 by deeming Title II cost of living increases (COLA’s) received by financially-responsible family…