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JAMES v. RICHMAN

No. 06-5092.

547 F.3d 214 (2008)

Josephine A. JAMES, as the Administrator for the Estate of Robert A. James v. Estelle RICHMAN, in Her Official Capacity as Secretary of the Commonwealth of Pennsylvania Department of Public Welfare, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: November 12, 2008.

Attorney(s) appearing for the Case

Thomas W. Corbett, Jr., Esquire, Attorney General, Howard G. Hopkirk, Esquire, Calvin R. Koons, Esquire (ARGUED), Senior Deputy Attorney General, John G. Knorr, III, Esquire, Chief Deputy Attorney General, Chief, Appellate Litigation Section, Harrisburg, PA, for Appellant.

Matthew J. Parker, Esquire (ARGUED), Marshall, Parker & Associates, Jersey Shore, PA, for Appellee.

Shirley Berger Whitenack, Esquire, Schenck, Price, Smith & King, LLP, Morristown, NJ, Sharon Rivenson Mark, Esquire, Law Office of Sharon Rivenson Mark, P.C., Jersey City, NJ, for Amicus Appellee National Academy of Elder Law Attorneys and National Academy of Elder Law Attorneys New Jersey Chapter.

Stephen H. Kaufman, Esquire, Eric J. Pelletier, Esquire, Offit Kurman, P.A., Owings Mills, MD, for Amicus Appellee Financial Life Insurance Company.

Before: SCIRICA, Chief Judge, FISHER and ROTH, Circuit Judges.

OPINION

ROTH, Circuit Judge:

Estelle B. Richman, Secretary of the Commonwealth of Pennsylvania, Department of Public Welfare (the Department), appeals the order of the District Court for the Middle District of Pennsylvania, enjoining the Department from denying Medicaid benefits to Robert A. James. The central issue to the appeal is whether an annuity, purchased by James's wife Josephine, may be treated by the Department as an available resource in calculating...

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