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HOBBS EX. REL. HOBBS v. ZENDERMAN

No. 08-2099.

579 F.3d 1171 (2009)

Steffan HOBBS, by and through his parents and next friends, Jimmy and Janet HOBBS, Plaintiff-Appellant, v. Marsha ZENDERMAN; Joey Kellenaers; and Pamela Hyde, Secretary of the Department of Human Services, in their individual and official capacities, Defendants-Appellees. The Special Needs Alliance; New Mexico Chapter of the National Academy of Elder Lawyers; New Mexico Trial Lawyers Association; States of Colorado, Alaska, Delaware, Florida, Hawaii, Idaho, Nebraska, Nevada, New Hampshire, New Jersey, Oklahoma, South Carolina Vermont, West Virginia, and Wyoming, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

September 1, 2009.

Attorney(s) appearing for the Case

Duff Westbrook (Maureen A. Sanders with him on the briefs), Sanders & Westbrook, P.C., Albuquerque, NM, for Plaintiff-Appellant.

Paul R. Ritzma, General Counsel/Special Assistant Attorney General (Mark Dawson Jarmie and Mark Standridge, Mark D. Jarmie LLC, with him on the briefs), New Mexico Human Services Department, Santa Fe, NM, for Defendants-Appellees.

Before HENRY, Chief Judge, BRISCOE, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Steffan Hobbs, by and through his parents as next friends, sued several employees of the New Mexico Human Services Department ("NMHSD") following that agency's denial of Hobbs' application for Medicaid benefits. NMHSD's denial turned on its determination that a certain trust was a "countable resource" because the trust was not being administered for Hobbs' sole benefit. Hobbs advanced claims under...

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