United States Second Circuit

Dismissal of claim that the process used by New York State to determine the resource allowance of a community spouse whose institutionalized spouse has applied for Medicaid assistance violates the antiattachment provision of the Social Security Act is affirmed where New York's process does not impermissibly alienate an institutionalized spouse's Social Security benefits.

Appellate Information

• Decided 08/02/2007
• Published 08/02/2007

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before:  CABRANES and RAGGI, Circuit Judges, and BERMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• René H. Reixach, Woods Oviatt Gilman LLP, Rochester, NY, for Plaintiffs-Appellants.


• For Appellees:
  
• Victor Paladino, Assistant Solicitor General (Eliot Spitzer, Attorney General, Daniel Smirlock, Deputy Solicitor General, on the brief), Office of the Attorney General of the State of New York, Albany, NY, for Defendants-Appellees.