BURINSKAS v. DEPT. OF SOCIAL SERVICES

(15440)

240 Conn. 141 (1997)

WALTER BURINSKAS ET AL. v. DEPARTMENT OF SOCIAL SERVICES

Supreme Court of Connecticut.

Officially released March 18, 1997.


Attorney(s) appearing for the Case

Karen Haabestad Fritzinger, assistant attorney general, with whom were Peter Brown, assistant attorney general, and on the brief, Richard Blumenthal, attorney general, and Richard J. Lynch, assistant attorney general, for the appellant (defendant).

Michael C. Stumo, for the appellees (plaintiffs).

Borden, Berdon, Norcott, Palmer and McDonald, Js.


Opinion

NORCOTT, J.

Under medicaid eligibility law, the resources of an institutionalized applicant may be allocated to a spouse under circumstances in which the spouse needs income "due to exceptional circumstances resulting in significant financial duress...." 42 U.S.C. § 1396r-5 (e) (2) (B). The principal issue in this administrative appeal is whether the defendant, the department of social services (department), properly applied the "exceptional...

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