AHERN v. THOMAS

(SC 15845)

248 Conn. 708 (1999)

MILDRED F. AHERN v. JOYCE THOMAS, COMMISSIONER OF SOCIAL SERVICES

Supreme Court of Connecticut.

Officially released May 18, 1999.


Attorney(s) appearing for the Case

Patrick B. Kwanashie, assistant attorney general, with whom were Maite Barainca, assistant attorney general, and, on the brief, Richard Blumenthal, attorney general, and Richard J. Lynch, assistant attorney general, for the appellant (defendant).

George B. Bickford, with whom, on the brief, was Neil W. Kraner, for the appellee (plaintiff).

Callahan, C. J., and Borden, Berdon, Norcott, Katz, Palmer and McDonald, Js.


Opinion

CALLAHAN, C. J.

Title XIX of the Social Security Act; 42 U.S.C. § 1396 et seq.; provides that a determination of eligibility for medicaid benefits may be based on "only such income and resources as are ... available to the applicant ...."1 In 1990, the plaintiff, Mildred F. Ahern, established and funded a trust. The sole issue in this administrative appeal is whether...

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