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FRIEDMAN v. BERGER

No. 84, Docket 76-7187.

547 F.2d 724 (1976)

Ruth FRIEDMAN et al., Plaintiffs-Appellants, v. Stephen BERGER, Individually and as Commissioner of the New York State Department of Social Services, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 8, 1976.

Attorney(s) appearing for the Case

John C. Gray, Jr., Brooklyn, N. Y. (Lloyd Constantine, and Brooklyn Legal Services Corp., Brooklyn, N. Y., of counsel), for plaintiffs-appellants.

Robert S. Hammer, Asst. Atty. Gen. of N. Y., New York City (Louis J. Lefkowitz, Atty. Gen., and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for defendants-appellees.

Before FRIENDLY, HAYS and MULLIGAN, Circuit Judges.

FRIENDLY, Circuit Judge.

This appeal raises the question how much personal income can be retained by individuals who are receiving assistance under the New York State Medicaid program1 while in a hospital or nursing home for extended care and in particular whether a New York State Medicaid regulation restricting the amount of retained income to $28.50 per month is valid under the federal Social Security Act and pertinent regulations.<...

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