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NOLAND v. SHALALA

No. 92-5067.

12 F.3d 258 (1994)

Alberta NOLAND, et al., Appellants, v. Donna SHALALA, Secretary of Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 7, 1994.

Attorney(s) appearing for the Case

Jeanne Finberg argued the cause, for appellants. With her on the briefs were Gill Deford and Patricia B. Nemore.

Edith S. Marshall, Asst. U.S. Atty., argued the cause, for appellee. With her on the brief were J. Ramsey Johnson, U.S. Atty., John D. Bates and R. Craig Lawrence, Asst. U.S. Attys.

Before: SILBERMAN, WILLIAMS and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

The Department of Health and Human Services has promulgated a regulation that enables certain states, in setting income eligibility levels for Medicaid assistance, to choose whether or not to exclude income received as a result of cost of living adjustments ("COLAs") to Social Security income. Appellants challenge this regulation as contrary to the "Pickle...

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