CIAMPA v. SECRETARY OF HEALTH AND HUMAN SERVICES

Nos. 82-1145, 82-1175.

687 F.2d 518 (1982)

John CIAMPA, et al., Plaintiffs, Appellees, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee, Commissioner of the Department of Public Welfare, Commonwealth of Massachusetts, Defendant, Appellant. John CIAMPA, et al., Plaintiffs, Appellees, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 27, 1982.


Attorney(s) appearing for the Case

Marc Richman, Attorney, Appellate Staff, Civil Div., U. S. Dept. of Justice, Washington, D. C., with whom William F. Weld, U. S. Atty., Boston, Mass., J. Paul McGrath, Asst. Atty. Gen., and Anthony J. Steinmeyer, Atty., Appellate Staff, Civil Div., U. S. Dept. of Justice, Washington, D. C., were on brief, for Secretary of Health and Human Services.

Joan C. Stoddard, Asst. Atty. Gen., Government Bureau, with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for Thomas H. Spirito, etc.

Peter V. Berns, Washington, D.C., with whom Gary Bellow, Boston, Mass., was on brief, for plaintiffs, appellees.

Before PHILLIPS, Senior Circuit Judge, BOWNES and BREYER, Circuit Judges.


BREYER, Circuit Judge.

This case involves interpreting the highly technical (and aptly named) "Pickle Amendment" to the Social Security Act, 42 U.S.C. § 1396a (note). This amendment restores Medicaid benefits to certain persons who at one time received both Supplementary Security Income ("SSI") and Old Age Survivors and Disability Insurance ("OASDI"). The appellants, state and federal governments, claim that these certain persons include only those whom an OASDI...

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