Roberts v. ND Department of Human Services

20040277 Helen V. Roberts, Petitioner and Appellant
v.
North Dakota Department
of Human Services, Respondent and Appellee

Appeal from: District Court, Northeast Judicial District, Bottineau County
Judge Donovan John Foughty
Nature of Action: Administrative Proceeding
Counsel:
Appellant: Eaton, Ward & Associates
Appellee: Jean R. Mullen , Att. General Office
Term: 02/2005   Argument: 02/10/2005  10:45am
ND cite: 2005 ND 50
NW cite: 692 N.W.2d 922

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Should the hearing of the Department of Human Services consider the letter purported to be by Helen Roberts which indicates that Dan Kirk was current four payments before the final payment was due.
2. Is the evidence such that there is no question but what the Contract for Deed has no value to Helen Roberts based on the evidence of payments made, and since this is the only item which would cause her not to qualify for benefits allow her to qualify for benefits.

Appellee's Statement of the Issues:
1. Whether the Department of Human Services properly denied Medicaid eligibility to Helen Roberts because she failed to provide sufficient information for a decision as to eligibility to be made.
2. Whether the Administrative Law Judge properly refused to admit the "letter" of Helen Roberts for lack of foundation.

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Docket entries:
110/01/2004 NOTICE OF APPEAL: 09/30/2004
210/01/2004 ORDER FOR TRANSCRIPT: 09/30/2004
310/04/2004 Copy of letter from Wendy Asperheim to Michael Ward dated 10-1-04 RE: No hearing before Dist. Ct.
410/07/2004 DISK - TRA Admin Hearings of Sep. 2, 2003 & October 15, 2003
511/02/2004 RECORD ON APPEAL and separate Certificate of Record on Appeal to District Court of ND DHS
611/02/2004 (includes transcripts of Administrative Hearings dated September 2, 2003 and October 15, 2003)
711/09/2004 APPELLANT BRIEF
811/09/2004 APPELLANT APPENDIX
911/10/2004 DISK - atb
1011/16/2004 8 cc each of Docket Sheet, Judgment, Order for Judgment, and Affidavits of Service for ATA
1112/13/2004 APPELLEE BRIEF
1212/13/2004 DISK - AEB (emailed)
1301/04/2005 MOTION TO CONTINUE SUPREME COURT HEARING; AFF. IN SUPPORT (Michael Ward)
1401/04/2005 ACTION BY CHIEF JUSTICE (OA continued to February Term of Court). Granted
1502/10/2005 APPEARANCES: Michael Ward; Jean R. Mullen
1602/10/2005 ARGUED: Ward; Mullen (Vol. Z; Page 83)
1702/10/2005 ORAL ARGUMENT WEBCAST
1803/04/2005 DISPOSITION: AFFIRMED
1903/04/2005 UNANIMOUS OPINION: Neumann, William A.
2003/04/2005 Costs on appeal taxed in favor of the Appellee
2103/07/2005 Judgment Mailed to Parties
2204/05/2005 MANDATE
2304/11/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2411/08/2011 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/30/2014