Estate of Gross v. ND Dept. of Human Services
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| 20040071 |
The Estate of George
Gross, Appellant
v.
North Dakota Department
of Human Services, Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Logan County
Judge Robert O. Wefald |
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Nature of Action: |
Administrative Proceeding
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| Counsel: |
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| Term: |
09/2004 Argument: 09/02/2004 9:30am
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| ND cite: |
2004 ND 190
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| NW cite: |
687 N.W.2d 460
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Did the North Dakota Department of Human Services correctly determine that the irrevocable, non-assignable, and non-transferable annuity in the amount of $150,000.00 purchased by Appellant's wife is a countable asset?
a. Did the ALJ erroneously find by a preponderance of the evidence that the Appellant's wife failed to make a good faith effort to sell the annuity at issue?
b. Did the ALJ determine contrary to the law that the Appellant's wife should have attempted to sell the income stream from the annuity at issue separately from the contractual right to receive money payments?
c. Did the ALJ erroneously find that an "income stream" is both an asset and income?
Appellee's Statement of the Issues:
Whether the Department of Human Services correctly determined that the income from an annuity owned by the Medicaid applicant's wife was an available asset.
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| 1 | | 03/18/2004 | |
NOTICE OF APPEAL: 03/17/2004 |
| 2 | | 03/18/2004 | |
ORDER FOR TRANSCRIPT: 03/17/2004 |
| 3 | | 04/01/2004 | |
TRANSCRIPT DATED January 13, 2004 |
| 4 | | 04/01/2004 | |
DISK of tra dated 1-13-04 - e-mailed |
| 5 | | 04/01/2004 | |
RECORD ON APPEAL - including certificate of record on appeal to district court |
| 6 | | 04/02/2004 | |
Clerks Certificate of Record for ROA |
| 7 | | 04/13/2004 | |
DISK - TRA (12-18-02, 12-31-02, & 4-16-03) (e-mailed) |
| 8 | | 05/11/2004 | |
APPELLANT BRIEF |
| 9 | | 05/11/2004 | |
E-FILED BRIEF (ATB) |
| 10 | | 05/12/2004 | |
Payment of $25 fee for filing electronic ATB ((Receipt #15403) |
| 11 | | 05/12/2004 | |
APPELLANT APPENDIX |
| 12 | | 05/14/2004 | |
Received ATB from Central Duplicating |
| 13 | | 06/14/2004 | |
APPELLEE BRIEF |
| 14 | | 06/14/2004 | |
APPELLEE APPENDIX |
| 15 | | 06/14/2004 | |
DISK - e-filed (AEB) |
| 16 | | 07/01/2004 | |
REPLY BRIEF of Appellant |
| 17 | | 07/07/2004 | |
Corrected covers, TOA and page 3 for RYB - inserted |
| 18 | | 07/07/2004 | |
DISK - RYB |
| 19 | | 04/13/2004 | |
Transcripts of Admin. Hearing dated 12-18-02, 12-31-02 & 4-16-03 (e-mailed) |
| 20 | | 09/02/2004 | |
APPEARANCES: Gregory C. Larson, Damian J. Huettl, Bradley D. Peterson; Jean R. Mullen |
| 21 | | 09/02/2004 | |
ARGUED: Larson; Mullen (Vol. Z; Page 14) |
| 22 | | 09/02/2004 | |
ORAL ARGUMENT WEBCAST |
| 23 | | 10/12/2004 | |
DISPOSITION: AFFIRMED |
| 24 | | 10/12/2004 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 25 | | 10/12/2004 | |
Costs on appeal taxed in favor of Appellee |
| 26 | | 10/18/2004 | |
Judgment Mailed to Parties |
| 27 | | 10/26/2004 | |
Appendix to Petition for Rehearing |
| 28 | | 10/26/2004 | |
PETITION FOR REHEARING |
| 29 | | 10/26/2004 | |
E-FILED BRIEF (PER) |
| 30 | | 11/19/2004 | |
ACTION BY SUPREME COURT (PER). Denied |
| 31 | | 12/02/2004 | |
MANDATE |
| 32 | | 12/08/2004 | |
Corrected Opinion Page 7 |
| 33 | | 12/03/2004 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 34 | | 06/03/2011 | |
EXPUNGED - Nonpermanent record items destroyed |