Estate of Pladson v. Traill Co. Social Services

20050154 In the Matter of the Estate
of Deloris Pladson, Petitioner and Appellee
v.
Traill County Social Services
and the Department of Human
Services for the State of
North Dakota, Respondents and Appellants

Appeal from: District Court, East Central Judicial District, Traill County
Judge John Charles Irby
Nature of Action: Administrative Proceeding
Counsel:
Appellant: Jean R. Mullen , Att. General Office
Appellee: Legal Services of ND
Term: 10/2005   Argument: 10/04/2005  11:00am
ND cite: 2005 ND 213
NW cite: 707 N.W.2d 473

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
105/06/2005 NOTICE OF APPEAL: 05/05/2005
205/10/2005 Letter from Jean Mullen dated 5-9-05 RE: No filing fee required pursuant to 28-32-49, N.D.C.C.
306/03/2005 RECORD ON APPEAL & Record of Human Services
406/10/2005 DISK (e-mailed) - TR1 dated 8-18-03; TR2 dated 11-12-03
506/14/2005 APPELLANT BRIEF
606/14/2005 APPELLANT APPENDIX
706/14/2005 DISK - ATB
807/11/2005 MOT. EXT/TIME APPELLEE BRIEF & Aff/Support
907/11/2005 ACTION BY CLERK. Granted: 08/13/2005
1008/12/2005 APPELLEE BRIEF
1108/12/2005 Addendum (attached to back of AEB)
1208/12/2005 APPELLEE APPENDIX
1308/12/2005 DISK - aeb (e-mailed)
1408/29/2005 REPLY BRIEF of Appellant
1508/29/2005 DISK - ryb (e-mailed)
1610/04/2005 APPEARANCES: Jean R. Mullen; Richard R. LeMay, Edward B. Reinhardt, Jr.
1710/04/2005 ARGUED: Mullen; LeMay
1810/04/2005 ORAL ARGUMENT WEBCAST
1912/20/2005 DISPOSITION: AFFIRMED
2012/20/2005 UNANIMOUS OPINION: VandeWalle, Gerald W.
2112/20/2005 Costs on appeal taxed in favor of appellee
2212/21/2005 Judgment Mailed to Parties
2301/24/2006 MANDATE
2401/25/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 09/19/2014