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REAMES v. OKLAHOMA EX REL. OK HEALTH CARE

No. 04-6002.

411 F.3d 1164 (2005)

Patti L. REAMES, Plaintiff-Appellant, v. State of OKLAHOMA, ex rel. OKLAHOMA HEALTH CARE AUTHORITY; Oklahoma Department of Human Services; Michael Fogarty; Howard Hendrick, Defendants-Appellees. The Association for Community Living, Inc., Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

June 14, 2005.

Attorney(s) appearing for the Case

Lee M. Holmes, Holmes, Holmes & Neisent, P.L.L.C., Oklahoma City, OK, (Tracy Speck Neisent, Holmes, Holmes & Neisent, P.L.L.C., Oklahoma City, OK with him on the briefs), for the Appellant.

Andrew Tevington, Assistant Attorney General, State of Oklahoma, Oklahoma City, OK, (Travis Smith, Assistant General Counsel, Oklahoma Department of Human Services, Oklahoma City, OK, with him on the briefs), for the Appellees.

Before LUCERO and McCONNELL, Circuit Judges, and ANDERSON, Senior Circuit Judge.

LUCERO, Circuit Judge.

Patti Reames, a Social Security recipient, appeals the lower court ruling that the Oklahoma Department of Human Services did not violate federal law when it determined that she cannot use a federal statutory "special needs trust" to prevent Oklahoma from taking her Social Security income as Medicaid co-pay. Because we conclude that Oklahoma is not acting contrary to Congressional intent, we AFFIRM.

I

Reames is...

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