Legal Opinion
Blumer v. Wisconsin Department of Health & Family Services
Court of Appeals of Wisconsin
Decided June 8, 2000No. 99-1053PublishedCited by 4 opinions
1Opinion of the CourtRoggensack, J.
¶ 1. Irene Blumer appeals from a decision of the Department of Health and Family Services (DHFS) to deny her Medical Assistance (MA) benefits. Irene claims the hearing examiner erred in applying the "income-first" rule instead of the "resource-first" rule when determining whether to increase the community spouse resource allowance. The hearing examiner's decision was based on a provision found in the Wisconsin Statutes but not contained in federal law. Because we conclude that Wisconsin's income-first rule impermissibly conflicts with federal law, we reverse.
BACKGROUND
¶ 2. The facts of this…
2Cases cited15 opinions
- Schweiker v. Gray PanthersSupreme Court of the United States · 1981
- UFE Inc. v. Labor & Industry Review CommissionWisconsin Supreme Court · 1996
- 57 soc.sec.rep.ser. 220, Medicare & Medicaid Guide P 46,329 Robert Chambers v. Ohio Department of Human ServicesCourt of Appeals for the Sixth Circuit · 1998
- Truttschel v. MartinCourt of Appeals of Wisconsin · 1997
- Golf v. New York State Department of Social ServicesNew York Court of Appeals · 1998
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3Cited by4 opinions
- Wisconsin Department of Health & Family Services v. BlumerSupreme Court of the United States · 2002
- Milwaukee Transport Services, Inc. v. Department of Workforce DevelopmentCourt of Appeals of Wisconsin · 2001
- Milwaukee Transport Services, Inc. v. Department of Workforce DevelopmentCourt of Appeals of Wisconsin · 2001
- Wisconsin Department of Health & Family Services v. BlumerSupreme Court of the United States · 2002