Avery v. Union County Division of Social Services
Avery v. Union County Division of Social Services, Docket No. A-2408-01T2 (N.J. App. Div., May 15, 2003) (unpublished).
Medicaid applicant denied eligibility due to “available resource” of the working spouse consisting of her employer-based 401k plan. This ERISA plan restricted early withdrawal to distinct emergency situations, including payment of “medical care” which is defined in the IRS...