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|
|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|
|5||06/14/2005 APPELLANT BRIEF|
|6||06/14/2005 APPELLANT APPENDIX|
|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|
|10||08/12/2005 APPELLEE BRIEF|
|11||08/12/2005 Addendum (attached to back of AEB)|
|12||08/12/2005 APPELLEE APPENDIX|
|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|
|19||12/20/2005 DISPOSITION: AFFIRMED|
|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|