ZAHNER v. SECRETARY PA. DEPT. OF HUMAN SERVICES

Nos. 14-1406, 14-1328.

802 F.3d 497 (2015)

Anabel ZAHNER, by her agent Raymond E. Zahner; Estate of Donna C. Claypoole, by Mitchell R. Claypoole, Executor; Connie L. Sanner, by her agent Jamie R. Rybak, Appellants in No. 14-1328 v. SECRETARY PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES, Appellants in No. 14-1406.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 2, 2015.


Attorney(s) appearing for the Case

René H. Reixach, Esq. , (Argued), Woods Oviatt Gilman LLP, Rochester, N.Y., Kemp C. Scales, Esq. , Titusville, PA, Counsel for Appellants/Cross-Appellees in 14-1328.

Jason W. Manne, Esq. , (Argued), Manne Law Office, Eugene K. Cuccarese, Esq. , Office of General Counsel, Pittsburgh, PA, Counsel for Appellee, Cross-Appellant/Appellee.

Stephen H. Kaufman, Esq. , Eric J. Pelletier, Esq. , Revée M. Walters, Esq. , Offit Kurman, P.A., Owings Mills, MD, Counsel for Amicus Appellant Fidelity & Guaranty Life Insurance Company.

Ron M. Landsman, Esq. , Ron M. Landsman, P.A., Rockville, MD, Stanley M. Vasiliadis, Esq. , Bethlehem, PA, John William Callinan, Esq. , Wall, NJ, Counsel for Amicus Appellant National Academy of Elder Law Attorneys, and its Pennsylvania and New Jersey Chapters.

Before: McKEE, Chief Judge, RENDELL, and SLOVITER, Circuit Judges.


OPINION

Anabel Zahner, Donna Claypoole, and Connie Sanner each applied for Medicaid institutional care coverage shortly after purchasing a short-term annuity. The Pennsylvania Department of Human Services ("DHS"), formerly the Department of Welfare, classified each of their annuities as a resource when determining Medicaid...

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