Antonia Beltran, Individually and on Behalf of All Others Similarly Situated v. Beverlee A. Myers

Ninth Circuit

Antonia Beltran, Individually and on Behalf of All Others Similarly Situated v. Beverlee A. Myers

650 F.2d 1165, 1981 U.S. App. LEXIS 12007

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 25, 1981

Docket79-3246

StatusPublished

This text of 650 F.2d 1165 (Antonia Beltran, Individually and on Behalf of All Others Similarly Situated v. Beverlee A. Myers) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Antonia Beltran, Individually and on Behalf of All Others Similarly Situated v. Beverlee A. Myers, 650 F.2d 1165, 1981 U.S. App. LEXIS 12007 (9th Cir. 1981).

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Opinion

In Beltran v. Myers, - U.S. -, 101 S.Ct. 1961, 68 L.Ed.2d 495 (1981), the Supreme Court vacated our decision in Dawson v. Myers, 622 F.2d 1304 (9th Cir. 1980), and remanded the case to this court for further consideration in light of the passage of Public Law No. 96-611, 94 Stat. 3567 (1980), wherein Congress inter alia authorized the use of a “transfer of assets” rule in determining Medicaid eligibility.

Because the potential application of P.L. 96-611 would appear to raise additional factual matters and considerations not yet briefed or argued by the parties, we feel it appropriate to remand this case to the district court with instructions to determine the import of the statutory change on the rights of the parties and to make such modifications in its original judgment as are necessary.

Accordingly, the case is REMANDED to the district court for further proceedings consistent with this order.

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In Beltran v. Myers, - U.S. -, 101 S.Ct. 1961, 68 L.Ed.2d 495 (1981), the Supreme Court vacated our decision in Dawson v. Myers, 622 F.2d 1304 (9th Cir. 1980), and remanded the case to this court for further consideration in light of the passage of Public Law No. 96-611, 94 Stat. 3567 (1980), wherein Congress inter alia authorized the use of a “transfer of assets” rule in determining Medicaid eligibility.

Because the potential application of P.L. 96-611 would appear to raise additional factual matters and considerations not yet briefed or argued by the parties, we feel it appropriate to remand this case to the district court with instructions to determine the import of the statutory change on the rights of the parties and to make such modifications in its original judgment as are necessary.

Accordingly, the case is REMANDED to the district court for further proceedings consistent with this order.

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650 F.2d 1165, 1981 U.S. App. LEXIS 12007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/antonia-beltran-individually-and-on-behalf-of-all-others-similarly-ca9-1981.

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