Linser v. Office of Attorney General | |||||||
| 20030184 |
Jay Linser, Appellee
v. Office of Attorney General, Department of Human Services, and Stutsman County Social Services, Appellants | ||||||
| Appeal from: |
District Court,
Southeast Judicial District,
Stutsman County
Judge John E. Greenwood | ||||||
| Nature of Action: | Administrative Proceeding | ||||||
| Counsel: |
| ||||||
| Term: | 11/2003  Argument: 11/06/2003 10:45am | ||||||
| ND cite: | 2003 ND 195 | ||||||
| NW cite: |
672 N.W.2d 643
Listen to recording of oral argument using RealPlayer Basic,© a free download. | ||||||
|
| |||||||
| Issues: |
Appellant's Statement of the Issues: Whether the Final Order of the Department of Human Services finding that the assets in the Jay Linser Special Needs Trust are available to Jay Linser because he has failed to show that he cannot make those assets available is supported by the facts and the law. Appellee's Statement of the Issues: Whether the District Court correctly determined that funds in the JAY LINSER SPECIAL NEEDS TRUST were not "actually available," reversing a decision by the Department of Human Services denying Jay Linser Medicaid and medical assistance benefits. | ||||||
|
| |||||||
| 1 | 06/30/2003 | NOTICE OF APPEAL: 06/27/2003 | ||
| 2 | 07/09/2003 | Faxed letter from Bill Peterson of Human Services RE: No filing fee is required | ||
| 3 | 07/10/2003 | Original letter from Bill Peterson dated 7-9-03 (Same as faxed letter filed 7-9-03) | ||
| 4 | 07/22/2003 | RECORD ON APPEAL & Certificate of Record from Department of Human Services | ||
| 5 | 07/22/2003 | DISK - TRA (3-14-02--Administrative Hearing;part of Cert/Record ) | ||
| 6 | 08/05/2003 | APPELLANT BRIEF | ||
| 7 | 08/05/2003 | APPELLANT APPENDIX | ||
| 8 | 08/12/2003 | Corrected covers for ATB & ATA | ||
| 9 | 08/12/2003 | DISK - ATB (e-mailed) | ||
| 10 | 08/29/2003 | APPELLEE BRIEF | ||
| 11 | 08/29/2003 | DISK (e-mailed) - AEB | ||
| 12 | 09/11/2003 | REPLY BRIEF | ||
| 13 | 09/11/2003 | DISK - RYB (e-mailed) | ||
| 14 | 11/06/2003 | APPEARANCES: Jean R. Mullen and Steven E. McCullough | ||
| 15 | 11/06/2003 | ARGUED: Mullen; McCullough (Vol. Y; Page 163) | ||
| 16 | 11/06/2003 | ORAL ARGUMENT WEBCAST | ||
| 17 | 12/19/2003 | DISPOSITION: REVERSED | ||
| 18 | 12/19/2003 | UNANIMOUS OPINION: Maring, Mary Muehlen | ||
| 19 | 12/19/2003 | Costs on appeal taxed in favor of Appellants | ||
| 20 | 12/23/2003 | Judgment Mailed to Parties | ||
| 21 | 01/12/2004 | MANDATE |