Caryl J. KEIP, individually and as Special Administrator of the Estate of Walter F. Keip (Deceased), Petitioner-Appellant,
v.
WISCONSIN DEPARTMENT OF HEALTH AND FAMILY SERVICES, Respondent-Respondent.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Submitted on briefs July 9, 1999.
Decided December 23, 1999.
Attorney(s) appearing for the Case
On behalf of the petitioner-appellant, the cause was submitted on the briefs of Sara Buscher of Madison.
On behalf of the respondent-respondent, the cause was submitted on the brief of Bruce A. Olsen, assistant attorney general, and James E. Doyle, attorney general.
A nonparty brief was filed by James A. Jaeger, Madison and Margaret Hickey, Waukesha for Elder Law Section of The State Bar of Wisconsin.
A nonparty brief was filed by Mitchell M. Hagopian and Jessica Gilkison of Monona for Elder Law Center of the Coalition of Wisconsin Aging Groups.
Before Vergeront, Roggensack and Deininger, JJ.
Court of Appeals of Wisconsin.
¶ 1. DEININGER, J.
Caryl Keip, individually and as special administrator of her late husband's estate, appeals an order which affirmed the decision of the Department of Health and Family Services to count her individual retirement account (IRA) as an asset in determining her husband's eligibility for medical assistance (MA). We conclude that the department erred in interpreting the federal "spousal impoverishment"...
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