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LYNCH v. RANK

No. C-83-2340 WHO.

639 F.Supp. 66 (1985)

Raymon and Joann LYNCH, et al., Plaintiffs, v. Peter RANK, et al., Defendants.

United States District Court, N.D. California.

August 20, 1985.

Attorney(s) appearing for the Case

Daniel Brzovic, Bet Tzedek Legal Services, Los Angeles, Cal., Evelyn R. Frank, Legal Aid Society of Alameda County, Oakland, Cal., for plaintiffs.

John K. Van de Kamp, Atty. Gen., Charlton G. Holland, Catherine M. Van Aken, San Francisco, Cal., for defendant Rank.

Joseph Russoniello, U.S. Atty., John F. Barg, Asst. U.S. Atty., N.D. Cal., San Francisco, Cal., for third party defendant Heckler.

OPINION AND ORDER

ORRICK, District Judge.

Congress adopted the Pickle Amendment to the Social Security Act, 42 U.S.C. § 1396a (note), in order to protect the Medicaid eligibility of certain persons who had formerly received both SSI benefits and Title II benefits, but who were no longer eligible for Medicaid due to Title II cost-of-living increases. The Pickle Amendment achieves this goal by excluding Title II cost-of-living increases from countable...

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