Legal Opinion
Lopes v. Department of Social Services
Court of Appeals for the Second Circuit
Decided October 2, 2012No. Docket 10-3741-cvPublishedCited by 18 opinions
1Opinion of the Court
LOHIER, Circuit Judge:
This appeal raises the issue of whether a non-assignable annuity contract that provides the spouse of an institutionalized person with monthly payments counts as an excess resource that must be spent down before the institutionalized person can receive Medicaid benefits under the Medicare Catastrophic Coverage Act of 1988 (“MCCA”). Before the United States District Court for the District of Connecticut (Hall, /.), Amelia Lopes (“Lopes”), attorney-in-fact for her husband, John Lopes, challenged the defendants’ determination that he is ineligible for Medicaid benefits…
2Cases cited15 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Christensen v. Harris CountySupreme Court of the United States · 2000
- McGULLAM v. CEDAR GRAPHICS, INC.Court of Appeals for the Second Circuit · 2010
- New York State Restaurant Ass'n v. New York City Board of HealthCourt of Appeals for the Second Circuit · 2009
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3Cited by18 opinions
- Longman v. Wachovia Bank, N.A.Court of Appeals for the Second Circuit · 2012
- Robinson v. Allstate Insurance CompanyCourt of Appeals for the Second Circuit · 2013
- Carole Hughes v. John McCarthyCourt of Appeals for the Sixth Circuit · 2013
- State of New York v. Next Millenium RealtyCourt of Appeals for the Second Circuit · 2013
- John Geston v. Maggie D. AndersonCourt of Appeals for the Eighth Circuit · 2013
13 more not listed; retrieve them via the Exa API.