The South Dakota Supreme Court decision attached actually pre-dates the U.S. Circuit Court of Appeals decision yesterday by a couple of weeks, but comes to the same conclusion, and further adds language that no state may avoid application of the federal rule:

“[¶ 44.] In a CMS memorandum from Gale P. Arden, Director of Disabled

The United State Circuit Court of Appeals for the Eight Circuit ruled today in Center v. Olson  that persons age 65 and over cannot place funds in a pooled trust without serving a penalty first.  This decision aligns Medicaid eligibility to the position that the Social Security Administration has taken with regard to maintaining SSI