Briefs

Briefs

  • Zahner et al. v. Secretary of Public Welfare of the Commonwealth of Pennsylvania, U.S. Court of Appeals, Third Circuit.- Filed brief on behalf of NAELA supporting two elderly Medicaid applicants challenging the Pennsylvania Medicaid agency claim that one-year spousal annuities were “too short” to be actuarially sound. Pending.
  • Draper v. Colvin, US Court of Appeals for the Eighth Circuit. Filed brief as counsel for the National Academy of Elder Law Attorneys and Special Needs Alliance are Amicus Curiae. – Filed brief on behalf of NAELA and SNA supporting a young disabled woman and her parents challenging Social Security Administration’s mistakes in misinterpreting state law that it says should control outcome of case. Pending.
  • Saccone v. Board of Trustees, Police and Firefighters Retirement System, Supreme Court of New Jersey. – Filed brief on behalf of SNA supporting a retired fireman challenging the refusal of the New Jersey police and firemen’s retirement fund to make payments to special needs trust for the retired fireman’s disabled son. Appellant prevailed.
  • Lewis v. Alexander, 685 F.3d 325 (3rd Cir., 2012), cert. denied, 184 L.Ed.2d 724 (2013). – Filed brief on behalf of NAELA and SNA supporting plaintiffs pooled trusts and their participants challenging Pennsylvania statute designed to severely limit the use and utility of pooled special needs trust accounts. (The published decision does not include Ron M. Landsman on the amicus brief because his membership in the Third Circuit was not approved until some weeks after the brief was filed.) Plaintiff trusts and participants prevailed.
  • Hobbs – Filed brief on behalf of SNA supporting family of disabled child challenging New Mexico’s ad hoc, case-by-case limitations on the use of special needs trusts in the face of probate court approval. Plaintiff Medicaid beneficiary lost.
  • Timm v. Dept. of Public Health and Human Services, 343 Mont. 11, 184 P.3d 994 (2008), Of Counsel for National Academy of Elder Law Attorneys as Amicus curiae. – Filed brief on behalf of NAELA in support of Medicaid applicant’s claim that Montana was required to follow the federal Medicaid rule that unpaid pre-eligibility nursing home bills (PEME) be deducted from income in determining eligibility and cost of care. Medicaid applicant/appellant prevailed.
  • Maryland Department of Health and Mental Hygiene V. Centers for Medicare and Medicaid Services, 542 F.3d 424 (4th Cir. 2008).- Filed brief on behalf of NAELA and Maryland DC Chapter of NAELA supporting CMS’ rejection of Maryland Medicaid state plan amendment that would not allow nursing home residents to deduct unpaid pre-eligibility nursing home bills (PEME) from income in determining eligibility and cost of care. Agency CMS prevailed.
  • DHMH v. Brown - Filed brief on behalf of Maryland-DC Chapter of NAELA supporting Medicaid waiver care applicant who challenged Maryland Medicaid definition of “nursing home level” of care as overly strict. Plaintiff Medicaid applicant prevailed.