393 N.J. Super. 543 - Mef v. Abf’s Empirical Analysis
2007
Citation profile
7 state decisions
Relationships
Applies 42 U.S.C. § 1396R (§ 1919 of the Social Security Act of 1935) · 42 U.S.C. § 1396R (§ 1924 of the Social Security Act of 1935)
Relies on DiProspero v. Penn · Abbott v. Burke · Wilson v. Wal-Mart Stores · LM v. State, Div. of Med. Assist. & Health Serv. · Greer Ex Rel. Peterson v. Naklicki
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“to ensure that the community spouse has sufficient, but not excessive, income and to ensure that individuals not be permitted to avoid payment of their own fair * share for long-term care-are certainly relevant considerations”
2 later decisions quote this exact passage · from the majority“suggests ... that a community spouse ... cannot, at this point, seek such an order, not having previously obtained one. Indeed, a strong argument can be made that the [ court-ordered ] support provision is applicable only when such support has been obtained during spend-down and prior to a determination of Medicaid eligibility . Such an interpretation would be consistent with a Congressional concern, expressed in the context of a discussion of the treatment of income, protection of income for the community spouse, and transfer of resources, that spouses not be worse off under proposed legislation than they were under existing law, which in some instances recognized spousal * support orders.”
1 later decision quote this exact passage · from the majority“(5) Court ordered support If a court has entered an order against an institutionalized spouse for monthly income for the support of the community spouse, the community spouse monthly income allowance for the spouse shall not be less than the amount of the monthly income so ordered.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.