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, South Central Judicial District, Logan County
Judge Robert O. Wefald
Nature of Action: Administrative Proceeding
Counsel:
Appellant: Wheeler Wolf
Appellee: Jean R. Mullen , Att. General Office
Appellant: Legal Services of ND
Term: 09/2004   Argument: 09/02/2004  9:30am
ND cite: 2004 ND 190
NW cite: 687 N.W.2d 460

Listen to recording of oral argument in MP3 format

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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Docket entries:
103/18/2004 NOTICE OF APPEAL: 03/17/2004
203/18/2004 ORDER FOR TRANSCRIPT: 03/17/2004
304/01/2004 TRANSCRIPT DATED January 13, 2004
404/01/2004 DISK of tra dated 1-13-04 - e-mailed
504/01/2004 RECORD ON APPEAL - including certificate of record on appeal to district court
604/02/2004 Clerks Certificate of Record for ROA
704/13/2004 DISK - TRA (12-18-02, 12-31-02, & 4-16-03) (e-mailed)
805/11/2004 APPELLANT BRIEF
905/11/2004 E-FILED BRIEF (ATB)
1005/12/2004 Payment of $25 fee for filing electronic ATB ((Receipt #15403)
1105/12/2004 APPELLANT APPENDIX
1205/14/2004 Received ATB from Central Duplicating
1306/14/2004 APPELLEE BRIEF
1406/14/2004 APPELLEE APPENDIX
1506/14/2004 DISK - e-filed (AEB)
1607/01/2004 REPLY BRIEF of Appellant
1707/07/2004 Corrected covers, TOA and page 3 for RYB - inserted
1807/07/2004 DISK - RYB
1904/13/2004 Transcripts of Admin. Hearing dated 12-18-02, 12-31-02 & 4-16-03 (e-mailed)
2009/02/2004 APPEARANCES: Gregory C. Larson, Damian J. Huettl, Bradley D. Peterson; Jean R. Mullen
2109/02/2004 ARGUED: Larson; Mullen (Vol. Z; Page 14)
2209/02/2004 ORAL ARGUMENT WEBCAST
2310/12/2004 DISPOSITION: AFFIRMED
2410/12/2004 UNANIMOUS OPINION: Sandstrom, Dale V.
2510/12/2004 Costs on appeal taxed in favor of Appellee
2610/18/2004 Judgment Mailed to Parties
2710/26/2004 Appendix to Petition for Rehearing
2810/26/2004 PETITION FOR REHEARING
2910/26/2004 E-FILED BRIEF (PER)
3011/19/2004 ACTION BY SUPREME COURT (PER). Denied
3112/02/2004 MANDATE
3212/08/2004 Corrected Opinion Page 7
3312/03/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3406/03/2011 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/31/2014