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132757P.pdf   03/03/2015  Stephany Draper  v.  Carolyn W. Colvin
   U.S. Court of Appeals Case No:  13-2757
   U.S. District Court for the District of South Dakota - Sioux Falls   
[PUBLISHED] [Gruender, Author, with Murphy and Smith, Circuit Judges] Civil case - Social Security. The Social Security Administration did not err in finding that claimant's trust was not exempt from being counted as a personal asset under 42 U.S.C. Sec. 1396p(d)(4)(A); while the statute does not speak directly to the issue here, the SSA had authority to interpret the statute and the provisions of the Program Operations Manual System (POMS) it adopted were entitled to deference and were a permissible interpretation of the statute; under these provisions, the trust was not exempt and a state court order did not bring the trust into compliance with the POMS.