Gustafson v. ND Department of Human Services

20050390 John L. Gustafson, Petitioner and Appellant
v.
North Dakota Department
of Human Services, Respondent and Appellee

Appeal from: District Court, South Central Judicial District, Morton County
Judge Burt L. Riskedahl
Nature of Action: Administrative Proceeding
Counsel:
Appellant: Wheeler Wolf
Appellee: Jean R. Mullen , Att. General Office
Term: 02/2006   Argument: 02/15/2006  2:45pm
ND cite: 2006 ND 75
NW cite: 712 N.W.2d 599

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Did the North Dakota Department of Human Services err by counting the principal purchase price of the annuity purchased by the Appellant's wife as a countable asset based on the Department's determination that the full principal and income will not be received by the Appellant's wife within her life expectancy as reasonably estimated by the Department's actuarial tables.
2. If it is determined that the North Dakota Department of Human Services properly determined that its actuarial table does not offer a reasonable estimate of the life expectancy of the Appellant's wife, did the Department err in counting as an available asset the principal purchase price of the annuity at issue by incorrectly interpreting relevant law and misapplying its own policy.

Appellee's Statement of the Issues:
The day after her husband entered a nursing facility, Elizabeth Gustafson purchased an annuity, in an attempt to bring their assets within the asset limit to meet the eligibility requirements for Medicaid benefits for her husband's nursing facility services. The Department denied eligibility based on a finding that the annuity was not actuarially sound given Elizabeth Gustafson's medical condition and was thus counted as an asset.
The issues on appeal are whether the Department of Human Service's finding that Gustafson's annuity would not return full principal and interest within a reasonable estimate of her life expectancy was supported by a preponderance of the evidence and, if so, was the finding that the annuity must be counted toward the Gustafsons' asset limit supported by the findings of fact and conclusions of law.

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Docket entries:
111/14/2005 NOTICE OF APPEAL: 11/09/2005
211/14/2005 ORDER FOR TRANSCRIPT: 11/09/2005
311/21/2005 Letter from Sharon Fox indicating there was no district court hearing; therefore, no transcript
411/22/2005 Disk of tra dtd 5-4-04 and 7-12-04 (e-mailed) Entry Nos. 1 & 39 on Adminstrative Certificate
512/13/2005 RECORD ON APPEAL - which included exhibits & Certificate of Record from Human Services
612/19/2005 APPELLANT BRIEF (e-filed)
712/19/2005 E-FILED BRIEF (ATB)
812/20/2005 APPELLANT APPENDIX
912/20/2005 Payment of $25 surcharge for filing electronic ATB (Receipt #16698)
1012/21/2005 Copies made of ATB
1101/18/2006 APPELLEE BRIEF
1201/18/2006 APPELLEE APPENDIX
1301/18/2006 DISK (e-mailed) AEB
1402/01/2006 REPLY BRIEF (e-filed)
1502/01/2006 E-FILED BRIEF (RYB)
1602/02/2006 Copies made of e-filed RYB
1702/15/2006 APPEARANCES: Damian J. Huettl; Jean R. Mullen
1802/15/2006 ARGUED: Huettl; Mullen
1902/15/2006 ORAL ARGUMENT WEBCAST
2004/19/2006 DISPOSITION: REVERSED AND REMANDED
2104/19/2006 UNANIMOUS OPINION: Crothers, Daniel John
2204/19/2006 Costs on appeal taxed in favor of Appellant
2304/20/2006 Judgment Mailed to Parties
2405/17/2006 MANDATE
2505/22/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/17/2014