Estate of Pladson v. Traill Co. Social Services
In the Matter of the Estate
of Deloris Pladson, Petitioner and Appellee
Traill County Social Services
and the Department of Human
Services for the State of
North Dakota, Respondents and Appellants
East Central Judicial District,
Judge John Charles Irby
|Nature of Action:||Administrative Proceeding|
|Term:||10/2005  Argument: 10/04/2005 11:00am|
|ND cite:||2005 ND 213|
707 N.W.2d 473
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Whether the Department of Human Services correctly found that Deloris Pladson's annuity is an available asset for purposes of Medicaid eligibility.
2. Whether there was a market for the annuity owned by Deloris Pladson.
3. Whether the Department of Human Services correctly found that Deloris Pladson did not make a good faith effort to sell the annuity.
4. Whether the Department of Human Services' valuation of the annuity as greater than $429.93 was reasonable.
Appellee's Statement of the Issues:
I.Whether the Department's administrative hearing procedures violated Deloris Pladson's due process and right to a fair hearing?
II.Whether the annuity owned by Deloris Pladson is not an available resource to be considered in determining her medicaid eligibility because her offer to sell her payments from the annuity to four companies named by the Department is a good faith effort to sell her annuity?
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|1||05/06/2005||NOTICE OF APPEAL: 05/05/2005|
|2||05/10/2005||Letter from Jean Mullen dated 5-9-05 RE: No filing fee required pursuant to 28-32-49, N.D.C.C.|
|3||06/03/2005||RECORD ON APPEAL & Record of Human Services|
|4||06/10/2005||DISK (e-mailed) - TR1 dated 8-18-03; TR2 dated 11-12-03|
|7||06/14/2005||DISK - ATB|
|8||07/11/2005||MOT. EXT/TIME APPELLEE BRIEF & Aff/Support|
|9||07/11/2005||ACTION BY CLERK. Granted: 08/13/2005|
|11||08/12/2005||Addendum (attached to back of AEB)|
|13||08/12/2005||DISK - aeb (e-mailed)|
|14||08/29/2005||REPLY BRIEF of Appellant|
|15||08/29/2005||DISK - ryb (e-mailed)|
|16||10/04/2005||APPEARANCES: Jean R. Mullen; Richard R. LeMay, Edward B. Reinhardt, Jr.|
|17||10/04/2005||ARGUED: Mullen; LeMay|
|18||10/04/2005||ORAL ARGUMENT WEBCAST|
|20||12/20/2005||UNANIMOUS OPINION: VandeWalle, Gerald W.|
|21||12/20/2005||Costs on appeal taxed in favor of appellee|
|22||12/21/2005||Judgment Mailed to Parties|
|24||01/25/2006||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|25||10/10/2014||EXPUNGED - Nonpermanent record items destroyed|