Estate of Gross v. ND Dept. of Human Services | ||||||||||
20040071 |
The Estate of George
Gross, Appellant v. North Dakota Department of Human Services, Appellee | |||||||||
Appeal from: |
District Court,
Southeast Judicial District,
Logan County
Judge Robert O. Wefald | |||||||||
Nature of Action: | Administrative Proceeding | |||||||||
Counsel: |
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Term: | 09/2004  Argument: 09/02/2004 | |||||||||
ND cite: | 2004 ND 190 | |||||||||
NW cite: |
687 N.W.2d 460
Listen to recording of oral argument in MP3 format | |||||||||
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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 |