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,
Southeast Judicial District,
Logan County
Judge Robert O. Wefald |
|
Nature of Action: |
Administrative Proceeding
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| Counsel: |
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| Term: |
09/2004 Argument: 09/02/2004
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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 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 |