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BARONE v. DEPARTMENT OF HUMAN SERVICES

107 N.J. 355 (1987)

526 A.2d 1055

ANN BARONE, PLAINTIFF-APPELLANT, v. DEPARTMENT OF HUMAN SERVICES, DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, BUREAU OF PHARMACEUTICAL ASSISTANCE TO THE AGED AND DISABLED, DEFENDANT-RESPONDENT. LOTTIE ADKINS, PLAINTIFF-APPELLANT, v. DEPARTMENT OF HUMAN SERVICES, DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, BUREAU OF PHARMACEUTICAL ASSISTANCE TO THE AGED AND DISABLED, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 23, 1987.

Attorney(s) appearing for the Case

Edward Kopelson argued the cause for appellants (David Lazarus, Director of Litigation, Community Health Law Project, attorney).

Ivan J. Punchatz, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney; Michael R. Clancy, Deputy Attorney General, of counsel; Melissa E. Hager, Deputy Attorney General, on the brief).

The opinion of the Court was delivered by GARIBALDI, J.

The New Jersey Pharmaceutical Assistance to the Aged and Disabled Act (Pharmaceutical Assistance Act or PAAD), N.J.S.A. 30:4D-20 to -35, grants benefits to financially-eligible disabled residents under the age of sixty-five who receive Social Security Title II Disability Insurance (SSDI) payments, but denies benefits to those disabled persons under the age of sixty-five who do not receive SSDI benefits...

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