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HOGAN v. HECKLER

Civ. A. Nos. 80-883-T, 83-0119-F.

597 F.Supp. 1106 (1984)

George HOGAN, et al., Plaintiffs, v. Margaret HECKLER, et al., Defendants, and Don CARTER, et al., Plaintiffs, v. Joseph GALLANT, et al., Defendants.

United States District Court, D. Massachusetts.

November 13, 1984.

Attorney(s) appearing for the Case

Steven A. Hitov, Western Mass Legal Services, Springfield, Mass., Nancy Nemon, Deputy Regional Atty., Dept. of HHS, Boston, Mass., for Carter.

Judith C. Saltzman, Greater Boston Legal Services, Boston, Mass., for Hogan.

Ralph A. Child, Asst. U.S. Atty., Boston, Mass., Felix Baxter, Jose I. Sandoval, Lewis K. Wise, Dept. of Justice, Civil Div., Washington, D.C., H. Reed Witherby, Asst. Atty. Gen., Boston, Mass., Carol Booth, Andrea Mintz, Developmental Disabilities Law Center, Springfield, Mass., William H. Simon, Legal Services Institute, Jamaica Plain, Mass., Mark Coven, Greater Boston Elderly Legal Services, Boston, Mass., Gill Deford, Nat'l Senior Citizens Law Centre, Los Angeles, Cal., for Heckler.

MEMORANDUM

TAURO, District Judge.

Plaintiffs in these consolidated actions contend that the Massachusetts Medicaid program's six-month "spenddown" requirement for certain Medicaid applicants violates provisions of the Social Security Act and federal regulations. The case is before the court on plaintiffs' motions for class certification and partial summary judgment and defendants' motion for summary judgment. For the reasons stated below, the plaintiffs...

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