DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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.