Robert A. James v. Estelle B. Richman, Secretary of the Dept. of Public Welfare, 465 F.Supp. 2d 395 (M.D.Pa. 2006)

Matthew James Parker

Practice Area:Elder Law

Outcome:Plaintiff won an injunction against Defendant

Description:Defendant (Dept. of Public Welfare) was enjoined from denying Medicaid to the Plaintiff. Judge Caputo determined that an irrevocable, immediate annuity established by Plaintiff for the benefit of his spouse did not represent an available resource for the purpose of qualifing for long term care Medicaid benefits. Case was subsequently appealed by Defendant to the Thrid Circuit Court of Appeals.