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Originally Released January
2009
Marshall,
Parker & Associates' Attorney Matthew J. Parker will co-present a
Call-In CLE for the Pennsylvania Bar Institute on January 21, 2009 at
12:00 PM. The session will focus on how elder law
attorneys can uses DRA-compliant annuities to help their
clients. In November 2008, Attorney Parker won a Third Circuit
Court of Appeals case, James v. Richman, which upheld a
community spouses' right to protect her savings and still qualify her institutionalized
husband for Medicaid benefits.
In
this case, Mrs. James purchased an annuity that met the Medicaid
requirements. But, when Mr. James applied for Medicaid in September
2005, his application was denied by the Pennsylvania Department of
Public Welfare (DPW). This was surprising because a federal court had
previously ordered DPW to grant eligibility in a similar case.
Attorney
Parker will co-present the session with fellow Certified Elder Law
Attorney Kemp Scales of Erie. Additional information about the
course is available at the PBI website, www.pbi.org
.
The case and
additional information is available at www.paelderlaw.com/James_Decision_2008.html.
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