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WHEATON v. McCARTHY

No. 14-4023.

800 F.3d 282 (2015)

Leslie WHEATON; George Hart; Joe L. Turner, Plaintiffs-Appellants, v. John McCARTHY, Director of the Ohio Department of Medicaid, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 1, 2015.

Attorney(s) appearing for the Case

ARGUED: Miriam H. Sheline , Pro Seniors, Inc., Cincinnati, Ohio, for Appellants. Rebecca L. Thomas , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Miriam H. Sheline , William C. Hambley , Pro Seniors, Inc., Cincinnati, Ohio, for Appellants. Rebecca L. Thomas , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

Before: CLAY, KETHLEDGE, and DONALD, Circuit Judges.

OPINION

Ask 100 Americans whether a 74 year-old man's "family" includes his wife who lives with him, and every one of those Americans will likely answer yes. But here the Ohio Department of Medicaid answered no, with the result that it denied Joe Turner's application for benefits under the Medicaid Act. That Act...

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