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James v.
Richman-Decision of Federal Third Circuit Court of
Appeals
November
12, 2008
In a
notable decision, the Federal Third Circuit Court
of Appeals has upheld the purchase of an annuity
by a community spouse in order to qualify her
husband for Medicaid. Through the purchase
of the specialized immediate annuity, Josephine
James, represented by Attorney Matthew J. Parker
of Marshall, Parker & Associates, was able to
protect her financial security when her husband
entered a nursing home. The annuity
converted her at-risk savings into protected
income payments. The Court rejected various
Department of Public Welfare arguments that sought
to treat the annuity as an available resource that
would have to be spent on her husband’s care.
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