Legal Opinion
Mulder v. South Dakota Department of Social Services
South Dakota Supreme Court
Decided January 28, 2004No. NonePublishedCited by 6 opinions
1Opinion of the Court
SABERS, Justice.
[¶ 1.] The Department of Social Services (DSS) issued a final decision upholding its calculation of Ervin Mulder’s “available” income for determining his long term care benefits under Medicaid. The circuit court affirmed and Mulder appeals, arguing that his available income should not include the amount he pays for alimony and that the determination is an arbitrary and capricious interpretation of Medicaid. We reverse.
FACTS
[¶ 2.] Mulder entered a long term care facility in August 2001. He applied to DSS for long term care assistance through Medicaid. Mulder’s monthly income is…
2Cases cited7 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Sopko v. C & R Transfer Co., Inc.South Dakota Supreme Court · 1998
- Ussery v. Kansas Department of Social & Rehabilitation ServicesSupreme Court of Kansas · 1995
- Gentry v. GentrySupreme Court of Arkansas · 1997
- Clark Ex Rel. Clark v. Iowa Department of Human ServicesSupreme Court of Iowa · 1994
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Johnson v. JohnsonSouth Dakota Supreme Court · 2007
- Matthews v. South Dakota Department of Social ServicesSouth Dakota Supreme Court · 2012
- A.C. v. E.C.Delaware Family Court · 2013
- In Re: Pooled Advocate TrustSouth Dakota Supreme Court · 2012
- Mulder v. South Dakota Department of Social ServicesSouth Dakota Supreme Court · 2004
1 more not listed; retrieve them via the Exa API.